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(영문) 서울서부지방법원 2015.07.24 2015고정812
건축법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in the management of building B in Mapo-gu Seoul Metropolitan Government.

A building owner who constructs a building site with an area of at least 200 square meters pursuant to Article 42 of the Building Act shall conduct landscaping and take other necessary measures in accordance with the standards prescribed by municipal ordinance of the relevant local government in accordance with the scale of the specific use area and building, and the owner or manager of the building shall maintain and manage the building, site, etc. in compliance with the above provisions, but removes landscaping teams (7.62 square meters) that were created in the building site around September 2014.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Aggregate building register;

1. Application of Acts and subordinate statutes on site launch photographs;

1. Article 110 subparag. 7 of the Building Act and Articles 35 and 42 of the Act on the Selection of Punishment for Criminal Facts were prosecuted under Article 110 subparag. 5 of the Building Act. However, if landscaping, etc. was not conducted at the time of construction, it shall be punished under Article 111 subparag. 5 of the Building Act. As in this case, if landscaping was removed after approval for use, it shall be deemed to fall under Article 110 subparag. 7, 35, and 42 of the Building Act, which constitutes maintenance and breach of management duty, and unless there is any change in facts, it shall be corrected ex officio.

Selection of Fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The punishment as ordered shall be determined by taking into consideration all the circumstances, such as the confessions of the defendant and reflects on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no previous conviction in the same kind, and the age, character and conduct and environment of the defendant, including the area

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