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(영문) 인천지방법원 부천지원 2017.10.13 2017고단1877
건축법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to construct or repair a building shall obtain permission from the competent administrative agencies.

Nevertheless, on November 2016, the Defendant divided one household of 139.74 square meters in the area on the second floor of the building into 4 households in the building of steel structure located in Kimpo-si, Kimpo-si without obtaining permission from the head of Kimpo-si, and arranged two households of 139.74 square meters in the area on the third floor of the building, into 4 households, and one household of 138.78 square meters in the area on the fourth floor of the building as 139.74 square meters in the area on the third floor, into 3 households.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation table, on-site photographs, and current status of buildings in violation of statutes shall also be applied;

1. Relevant Article 108 (1) and Article 11 (1) of the Building Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act are small in size, and the fact that the Defendant was dismissed without permission has not yet been restored to its original state, considering the favorable circumstances, including the fact that the Defendant’s mistake is against himself/herself, and that there was no punishment exceeding the fine, etc., the sentence identical to the order shall be determined by taking into account the various conditions for sentencing as shown in the argument of the instant case.

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