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(영문) 수원지방법원 성남지원 2013.08.23 2013고단1499
건축법위반
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

The defendant is the owner of multi-family house building with the size of 373.34m of the area of the 4th floor above the land in Suwon-si.

1. Where a project owner who has failed to file a report intends to extend the total floor area within 85 meters, he/she shall file a report in advance with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;

Nevertheless, the Defendant did not report to the competent authority on March 201, and without permission, expanded the balcony part of 9.79 square meters on the third floor and the balcony part of 9.79 square meters on the ground of the above multi-family house located in Suwon-si, Suwon-si B to residential areas, respectively.

2. Where an owner and contractor of a large-scale repair without permission perform a large-scale repair of a building in an urban area, he/she shall obtain permission from the Governor of a Special Self-Governing Province or

Nevertheless, on March 201, the defendant did not obtain permission from the competent authority, and around March 201, the building was repaired by installing a boundary wall on the multi-family house 129.05m square meters above the second floor above the multi-family house located in Suwon-si, Suwon-si, which is an urban area, in the manner of making each floor from 2 to 5 households.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the management ledger of violated buildings, current status of violated buildings, and photographs of violated buildings;

1. Article 11 subparag. 1 of the former Building Act (amended by Act No. 11690, Mar. 23, 2013); Articles 111 subparag. 1 and 14(1) of the same Act (amended by Act No. 11690, Mar. 23, 2013); Articles 108(1) and 11(1) of the Building Act (Unauthorized large-scale repair and choice of imprisonment) concerning criminal facts;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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