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(영문) 서울동부지방법원 2017.01.05 2016고단3913
건축법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to change the use of a building shall obtain permission from or report to a Metropolitan Autonomous City Mayor, a Special Self-Governing Province or the head of a Si/Gun/Gu.

Nevertheless, on August 28, 2013, the Defendant, without filing a report, changed the use of a total of 421.32 square meters of neighborhood living facilities from the second floor to the eight floors among the 8th floor buildings in Gwangjin-gu Seoul Special Metropolitan City, which are urban areas.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The filing of an accusation, the ledger of general buildings, the filing of a complaint for each response, and the application of Acts and subordinate statutes of each lease contract;

1. Relevant Article 108 (1) of the Building Act and Articles 108 and 19 (2) 2 of the Act on the Selection of Criminal Crimes (or Selection of Imprisonment);

1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (no previous offense, nor will it be restored to original state) is or more;

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