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(영문) 의정부지방법원 2013.09.24 2013고단2381
건축법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of a multi-family house with three floors above ground located in the Class C Class II general residential area in a city area.

1. A person who intends to construct or repair a building in an urban area without permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Gun/Gu, but shall install a one-story of one-story of a building, the floor area of which is 63.71 square meters from mid- March 2013 to May 20, 2013, two-story of a building, the floor area of which is 138.81 square meters, five households, and three-story of a building, the floor area of which is 138.81 square meters, with a total area of 341.3 square meters, such as installation of a boundary wall, entrance, roof, etc., in order to make four-story of a building into four households, and shall expand the floor area of a reinforced concrete structure by installing a boundary wall, entrance, roof, etc.

2. In cases of changing the purpose of a building that has obtained approval for changing the purpose of use without permission, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall obtain permission or file a report, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, but without filing a report on changing the purpose of use with the head of the Si/Gun/Gu, and the first floor of the building was 40.28 square meters from mid- March 2013 to May 20, 2013 from

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the relevant Acts and subordinate statutes to the accusation, the current status of the violated building, and drawings;

1. Relevant legal provisions concerning criminal facts, Articles 108 (1) and 11 (1) of the Building Act (which means extension of permission and substantial repair), Articles 108 (1) and 19 (2) 2 of the Building Act (which means alteration of use of unregistered reports), and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the scale of the crime under Article 62(1) of the Criminal Code is equivalent to that of the suspended sentence, the fact that the defendant is aware of and against his mistake, that the defendant is the first offender, and that he does not commit any further violation.

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