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(영문) 인천지방법원 부천지원 2016.09.30 2016고정938
건축법위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was the owner of the apartment house B in Kimpo-si, and anyone who intends to make a large-scale repair of a building has obtained permission from the head of the competent administrative agency. However, on January 2016, the Defendant made a large-scale repair of 341.65 square meters in total by increasing the boundary walls of the said apartment house by extending the two-story households to 4 households, 2 households of 3 stories to 4 households, and 1 households of 4 stories to 3 households without obtaining permission from the head of the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation;

1. A survey report on actual status of buildings in violation;

1. Application of statutes on site photographs;

1. Article 108 (1) and Article 11 (1) of the Building Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The sentence like the order shall be determined by comprehensively taking into account the favorable sentencing factors, such as the fact that a household, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, has increased by making a large repair without obtaining permission, has reached six households and increased by 341 square meters, and that an increased area has committed the instant crime for the purpose of acquiring economic benefits, and that the Defendant did not have any record of punishment for the same kind of crime until now, and that there has been no history of punishment for the same crime, and that the Defendant reflects his mistake.

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