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(영문) 의정부지방법원 고양지원 2017.06.29 2017고단244
건축법위반
Text

1. Defendant A shall be punished by imprisonment for five months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to construct or repair a building shall obtain permission from the head of the Gu.

1. On October 2016, Defendant A constructed a building without permission to construct a three-story structural frame and a four-story structural frame on the land of 535.52 square meters and 755.10 square meters on the land of 535.10 square meters in Goyang-si, Seoyang-si, Gyeonggi-do. Defendant A constructed a building without permission to construct a four-story structural frame.

2. On October 2016, Defendant B constructed a building without a building permit of each three-story building on the land of H532.72 square meters and 1532.72 square meters on the surface of the 4th floor, Seoyang-gu, Seoyang-gu, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, and the 532.72 square meters.

3. On October 2016, Defendant C constructed a building without a building permit from each 3-story building on the land of the J 526.72 square meters and the K 448.56 square meters on the ground of J 526.72 square meters and the 448.56 square meters on the high-si, Gyeonggi-do.

4. On October 2016, Defendant D constructed a building without a building permit for a 3-story structure and M 1-dong building without a building permit for a 2-story structure on the land of 532.72m2m2 and 410.34m2 on the ground of 4-story, Yongsan-gu, Gyeonggi-do, Goyang-si, Gyeonggi-do. In addition, Defendant D constructed a building without a building permit for a 2-story structure.

Summary of Evidence

1. Defendants’ legal statement

1. Written accusation from the head of the Si/Gu of Goyang-si in Goyang-si;

1. N’s statement;

1. Application of statutes on site photographs;

1. The Defendants: Article 110 subparagraph 1 of the Building Act and Article 111 (1) of the same Act (or the choice of imprisonment with prison labor);

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (the records of the violation of the construction-related laws and regulations of Defendant A, the records of the same kind of crime, the criminal records of the remaining Defendants, the building constructed without permission, etc. are considerably larger than ordinary cases, the degree of construction performed at the time of detection, etc., and the amount of enforcement made thereafter)

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