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(영문) 서울서부지방법원 2018.06.27 2018고정364
건축법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to construct or repair a building shall obtain permission from the competent authority.

Nevertheless, on March 2017, the defendant, without obtaining permission from the competent authorities, installed the walls in the existing five rooms in the apartment houses owned by him/her in the past five rooms, and divided the existing five rooms into 12 rooms by newly creating the front doors.

Accordingly, the defendant set up the number of buildings without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Current status of violation of the Building Act and the application of photographs;

1. Relevant Article 108 (1) and the main sentence of Article 11 (1) of the Building 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the crime of this case was committed by the Defendant without permission of the competent authority, and the total number of 5 households of 1,2, and 3 stories has been expanded to 12 households, and the restoration to the original state has not yet been made up until now; on the other hand, the Defendant’s primary offender is against his mistake; on the other hand, the Defendant’s age, sex, criminal conduct, career, home environment, motive for the crime, circumstances after the crime, etc. are all considered.

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