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(영문) 인천지방법원 부천지원 2018.09.05 2018고정535
건축법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the owner of the second floor building located in Kimpo-si B and one parcel.

1. A building owner cannot use or make use of the building unless he/she obtained approval for use. However, the Defendant occupied and used the building without obtaining approval for use on April 11, 2017.

2. Although the owner has reported to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu before he/she intends to change any reported matter, the defendant used the building as a detached house and changed the use of the building from retail stores to a detached house without reporting it to the Kimpo-si on April 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of field photographs, construction, large-scale repair, report on change of use, C sale contract, certified copy of registry, and statutes;

1. Article 110 subparagraph 2 of the relevant Act and Articles 110 and 22 (3) of the Building Act (the occupation of using a building before approval for use and of a fine), Article 111 subparagraph 1 of the same Article and Article 16 (1) (the occupation of changing reported matters without reporting) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) and 38 (2) and 50 of the said Act for the increase of concurrent crimes;

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

1. The grounds for sentencing under Article 59(1) of the Criminal Act (2) of the suspended sentence (200,000 won in penalty, KRW 500,000 per day in the workhouse, and KRW 100,000 in the detention of the workhouse) are recognized and against

There is no criminal history prior to the instant case.

It does not seem to be a malicious violation of law, and is making efforts to correct it.

It seems that the same does not apply to recidivism.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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