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(영문) 수원지방법원 2018.06.27 2018고단2346
건축법위반
Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

2. 80 days if the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the owner of a multi-family house (one-story household, two-story household, and three-story household) with a site area of 269m2, a total floor area of 395.26m2, a building area of 159.04m2 in a building area in a city area, which is located in B, in the city area, and where the defendant performs a large-scale repair of a building, he/she shall obtain prior permission from the head of the Gu office.

Nevertheless, on November 2016, the Defendant has repaired the first floor to 4 households and the second floor 2 households to 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 Sungsung market on November 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Location and photograph of the act;

1. Building ledger;

1. On-site inspection photographs;

1. Application of Acts and subordinate statutes to the investigation report (whether this building is restored to its original state);

1. Article 108(1) and Article 11(1) of the Building Act (amended by Act No. 14016, Feb. 3, 2016); the choice of fines for criminal facts;

1. The reason for sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (a day to 100,000 won) [the scope of statutory penalty] 50,000 won or less (a day to 100,000 won] The reason for obtaining permission from the competent authority to restore to the original state for more than six months even after being ordered to restore to the original state. The reason for obtaining permission from the competent authority for substantial repair, etc. under the Building Act is to protect the safety, environment, etc. of the building and to promote public welfare by protecting the building. In light of the fact that the defendant constructed a new building and obtained approval for its construction, and immediately repaired the building, it is more favorable for the defendant to construct the building of this case under a large-scale repair plan without permission: The defendant's age, occupation, environment, circumstances of the defendant, details of the crime in this case, circumstances of the crime, etc., as prescribed in Article 51 of the Criminal Act.

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