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(영문) 수원지방법원 2018.07.13 2018고단2232
건축법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Where the Defendant is an owner of a multi-family house (two-story households, three-story households, and one-story household) with a site area of 249.2 square meters, 373.71 square meters in a total area, and 147.84 square meters in a building area in a 147.84 square meters in a building in a city area, which is inside an urban area, and performs a substantial repair of a building, he/she shall obtain prior permission from the head of the Gu office.

Nevertheless, on December 2016, the Defendant repaired 2-story households with 4 households and 3-story households with 4 households by means of expanding or dismantling the boundary walls between households in the above multi-family house without obtaining permission for large-scale repair from the light market.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. Status of violation of the Building Act;

1. Location and photograph of the act;

1. An application for approval of use;

1. Building ledger;

1. Application of Acts and subordinate statutes to the current status of buildings;

1. Relevant Article 108 (1) and the main sentence of Article 11 (1) of the Criminal Act and the selection of fines for criminal facts;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) comprehensively taking account of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the commission of the crime.

The favorable circumstances: The defendant extended the number of households of the second and third floors to four households without the permission of the competent authority, and the size of which is not small, the restoration to the original state has not been made up until now, and the fact that it seems that the new lease contract was concluded without correction after receiving the corrective order from the time of compatibility.

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