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(영문) 의정부지방법원 2016.06.16 2016고정42
건축법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a building owner who constructed a building for the purpose of use in the stairs room with the floor area of 741.57 square meters, the building area of 17.97 square meters, the height of 21.8 square meters, the building area of 11.8 square meters, and the 1st floor size of 8th floor on the same ground, the stairs room for the second class neighborhood living facilities (office), the second class neighborhood living facilities for the second class neighborhood living facilities for the fourth class and the fourth class building for the fourth class.

1. On October 1, 2014, the Defendant violated the Building Act due to the extension of an unregistered report, reduced the volume of the balcony part (9.4m x 1.15m = 81m m2) of the balcony part (9.4m x 1.15m m2) of the 7th floor of the building above to be a beer for beer, using showa and Acry panel, etc., without reporting to the competent authority.

2. The Defendant violated the Building Act due to the change of the purpose of use of a building due to the change of the purpose of the building was changed to the purpose of housing units No. 202, No. 301, No. 302 and No. 303 of the second floor office without reporting to the competent authority in order to increase the rental profit of the building at the date, time, and place under Paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to D;

1. Building ledger, etc. [The defendant's roof installed in Berasa with a roof cannot be at issue in accordance with the current Building Act, but it is possible to install a roof as the defendant's argument;

As long as the defendant installed a roof without reporting to the competent authority, it does not affect the establishment of a crime of violating the Building Act. Thus, the defendant's above assertion is rejected.

In addition, the defense counsel argues that since the defendant's act does not constitute extension, it does not constitute a crime of violating the Building Act due to extension of report. However, according to the evidence of the judgment, it is reasonable to see that the defendant's act of building a roof by using shower trials and a acrylic panel, etc., and therefore, the above assertion by the defense counsel is not accepted.

Application of Statutes

1. Article 11 of the Building Act applicable to the facts constituting an offense and Articles 111 subparagraph 1 and 14 (1) of the Building Act applicable to the selection of punishment.

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