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(영문) 수원지방법원 2017.12.21 2017고정2159
건축법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

A is a person who has owned a multi-family house of 4 square meters in size D, total floor area of 450.88 square meters in Sungsung-si.

1. In cases of expanding a building with at least three floors in violation of the Building Act, permission from the head of a Si/Gun/Gu shall be obtained if the total floor area of the building is at least 1/10 of the total floor area;

Nevertheless, on May 2015, the Defendant installed toilets, kitchens, boilers, etc. on the falls of the use of the warehouse of the above house-to-house rooftop (a floor area of 112 square meters) on the Habman on the ground of the use of the warehouse of the above house.

2. A person who intends to construct or install a building in an urban area pursuant to the National Land Planning and Utilization Act in violation of the Parking Lot Act shall install a parking lot inside such facility or in the site thereof;

Nevertheless, even though the defendant extended the above building located in an urban area as described in the above paragraph 1, the defendant did not establish one parking lot (five additional parking lots) attached to the building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The register of general buildings, the current status of new buildings, measuring instruments, and the list of persons having access before resident registration;

1. Notification of the results of verification of unauthorized extension and field photographs;

1. Application of Acts and subordinate statutes to investigation reports (investigations related to Violation of the Parking Lot Act);

1. Articles 108(1) and 11(1) (unauthorized large-scale repair) of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016); Articles 29(1)1 and 19(1) (unauthorized installation of an attached parking lot) of the Parking Lot Act for criminal facts;

1. Selection of punishment: Selection of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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