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(영문) 대전지방법원 천안지원 2015.01.29 2014고단1495
건축법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who intends to extend or repair a building on a large scale shall obtain permission from the competent administrative agency;

The Defendant, without obtaining permission for a three-story building with a total floor area of 354.24 square meters located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, by means of removing the door of a school living room, building a wall, building a toilet, kitchen, and building an outside entrance, etc. between the first patrolman on August 15, 201 and the beginning on August 15, 2011, 122.18 square meters of the above building as 4 households, and 12.18 square meters of the building as 12.18 square meters as 4 households.

B. The Defendant extended one household of a building with a size of 103.90 square meters, without obtaining permission, on the rooftop floor of the said building at the date, time, and place indicated in the foregoing paragraph.

2. No person who violates the Parking Lot Act shall build or install any facilities without establishing an annexed parking lot, in violation of the provisions of the relevant Acts and subordinate statutes;

Nevertheless, the Defendant did not establish a 0.7 parking lot for the seven households added due to large scale repair, even though it is necessary to install a 0.7 parking lot for each household in the process of repairing the multi-family house of 4 households, such as the date, time, place, as described in the foregoing paragraph (1) at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement made to C; and

1. Application of Acts and subordinate statutes in relation to each building site inspection and checkup table, general building ledger, building status map, and land use plan confirmation document;

1. Relevant statutory provisions concerning criminal facts, Articles 108(1) and (2), and 11(1) of the Building Act that provides for the selection of a sentence, Articles 29(1)1 and 19(1) of the Parking Lot Act, Articles 29(1)1 and 19(1) of the Building Act, the concurrent imposition of imprisonment with prison labor and fines (it takes into account the fact that buildings identical to those which were subject to punishment already imposed are re-owned without permission, and their extension without permission), and the

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and 3 of the Criminal Act, and Article 50 of the Criminal Act.

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