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(영문) 인천지방법원 2018.01.26 2017고정2956
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 the owner of the building with C4 stories of 402 square meters in Seo-gu Incheon, 53.44 square meters in the floor area of 53.18 square meters in the floor area of 403 square meters in Seo-gu.

A person who intends to extend, remodel, or rebuild a building within 85 square meters in total floor area shall report to the head of the competent Si/Gun/Gu in advance.

Nevertheless, on March 2015, the Defendant, without filing a report with the competent authority, set up a pole with a prefabricated panel structure in order to use balcony C 402 and 403 above as a sports space, and extended the roof by extending the floor area of the balcony No. 402 to 29.3 square meters and 403 square meters in total by extending the balcony floor area of the balcony No. 23.75 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes to on-site photographs and current status of each building;

1. Subparagraph 1 of Article 111 of the Building Act and Article 14 (1) 1 of the same Act concerning facts constituting a crime;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the Criminal Procedure Act include: (a) the Defendant’s committing the instant crime; and (b) the circumstances that may be considered in the course of preventing the instant crime are determined as indicated in the text.

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