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(영문) 춘천지방법원 영월지원 2017.08.08 2017고단237
건축법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to extend a building the total floor area of which does not exceed 85 square meters shall file a report with the competent authority in advance as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, on October 2016, the Defendant had extended a building with a light-scale structure of 10.62 square meters in floor area without filing the aforementioned report at a house where the Defendant, who is located in Kangwon-gun, Gangwon-gun, Gangwon-do, was residing.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of notification of each order for corrective measures, such as a written accusation, a voluntary statement, a business trip statement, a field photograph;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) takes into account favorable circumstances such as the fact that the defendant recognized the instant crime, the defendant’s records of punishment for the same kind of crime, and other unfavorable circumstances such as character and conduct, environment, and circumstances after the crime, etc., and various sentencing conditions that are shown in the records and arguments shall be sentenced to the same sentence as the order.

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