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(영문) 창원지방법원 2016.03.24 2016고정186

국토의계획및이용에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Kimhae-si, Dong-si, 41, 42-1, 42-2, and 42-3 are natural green areas in urban areas and urban parks.

1. Any person who intends to engage in development activities, such as construction of buildings, construction of structures, change of the form and quality of land, etc. shall obtain permission for development activities from a competent administrative agency;

Nevertheless, from August 24, 2015 to August 27, 2015, the Defendant, without permission from the competent authority, made the said Dong 41 to 110 square meters, and the aggregate of 140 square meters from 42-3 to 30 square meters in the said Dong dong 42-1 and 42-3 of the said Dong dong 42-1 and 54 square meters in the said Dong dong 42-2 and 42-2 of the said Dong dong 46 square meters in a aggregate of 66 square meters in access roads, and installed cement packaging with a width of 2 meters in width and 50 square meters in length, and 10 square meters in length, and installed iron fences in a height of 2 meters and 60 meters in length.

2. Anyone who has violated the Act on Urban Parks, Greenbelts, etc. shall obtain permission for occupation and use from the competent authority from anyone who intends to build facilities other than park facilities, buildings or structures, change the form and quality of land, etc. in any urban park;

Nevertheless, the defendant did the act described in the above Paragraph 1 without permission of the competent authorities at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the accused (1, 2 times);

1. Each police statement protocol against B and C;

1. A supplementary statement or accusation of public officials;

1. Registers of each land, confirmation of land use plan, a certified copy of cadastral map, and a certified copy of register;

1. Application of Acts and subordinate statutes on site photographs;

1. The indictment under Article 140 subparag. 1, Article 56 subparag. 1, Article 56 subparag. 2, and Article 146 subparag. 1, and Article 56 subparag. 2 of the National Land Planning and Utilization Act on criminal facts, and Article 146 subparag. 1, and Article 56 subparag. 2 of the Act on Urban Parks, Greenbelts, etc. is written “Urban Park Act” but it is apparent that it is a clerical error in the “Act on Urban Parks, Greenbelts, etc.