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(영문) 서울북부지방법원 2016.08.24 2016고단2017
건축법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to change the use of a building approved for use from the Gun of living facilities near the neighborhood to the Gun of residential and business facilities shall report to the competent authority.

Nevertheless, the Defendant constructed 7 floors above the ground of the Twit-gu, Gangnam-gu, Seoul, and 3 lots of land, and approved the construction of 2 floors and 3 floors as Class II neighborhood living facilities (private teaching institutes). However, the Defendant did not report to the competent authorities around November 2012, and installed toilets and bedrooms on the second and third floors above the ground and changed the purpose of use for residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate for all the matters to be registered, the ledger of aggregate buildings, and the ledger of aggregate buildings (attached to the table, A);

1. Instructions to correct the violated building;

1. Application of Acts and subordinate statutes of each contract for sale;

1. Article 108 (1) and Article 108 (2) 2 of the Building Act and Article 19 (2) of the same Act concerning the selection of criminal facts, the selection of punishment for imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to three years;

2. It is an unfavorable circumstance that the degree of violation of the sentence is significant, that it appears that the neighboring living facilities of which the use was changed without permission are sold to housing, and that considerable economic benefits have been gained, and that it is not restored to the original state until the trial is completed, and that it is unclear whether the defendant will restore the original state in the future due to the sale of all the unauthorized changes

On the other hand, it is favorable that the defendant has no particular criminal history.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

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