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(영문) 수원지방법원 2017.09.07 2017고정1773
건축법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

A is the owner of a multi-family house with the fourth floor size of the total floor area of 439.59 square meters in e.g. in e.

1. Nevertheless, a person who intends to construct or repair a building in violation of the Building Act must obtain permission from the head of the competent Si/Gun/Gu, but the defendant extended the two-story and three-story and three-story households by installing bearing walls and separate entrances to the second and third-story households of the above housing units on December 2, 2014.

2. A person who intends to construct or install a building in an urban area pursuant to the National Land Planning and Utilization Act in violation of the Parking Lot Act shall install a parking lot inside such facility or in the site thereof;

Nevertheless, the defendant did not establish two parking lots (seven buildings approval) in the attached parking lots, even though he/she had a building in the above section A located in the urban area, as described in the above section 1, even though he/she had several buildings within the urban area.

1. Statement by the defendant in court;

1. The register of general buildings and the list of persons having access before resident registration;

1. Notification of the result of the illegal substantial repair of the multi-family house and the unauthorized extension thereof, and the site photograph of the violated building;

1. Application of the Acts and subordinate statutes governing the calculation of parking vehicles under the Parking Lot Act;

1. Articles 108(1) and 11(1) (unauthorized large-scale repair) of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016); Articles 29(1)1 and 19(1) (unauthorized installation of an attached parking lot) of the Parking Lot Act for criminal facts;

1. Selection of punishment: Selection of a fine;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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