beta
(영문) 대구지방법원 2016.08.08 2015고정2468

도시공원및녹지등에관한법률위반

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

[2015 High 2468] Any person who intends to change the form and quality of land in an urban park shall obtain permission for occupation and use from the competent authority which manages the relevant urban park.

Nevertheless, the Defendant, without obtaining permission from the Daegu Metropolitan City Mayor on April 2015, 2015, laid down the form and quality of land by putting 20 dump trucks in the Daegu-gu Do-gu Do-gu Do-gu Da-gu 3,040 square meters of soil, which is managed as a cump city park.

[2015 High 2968] Any person who intends to change the form and quality of land in an urban park shall obtain permission for occupation and use from the competent authority which manages the relevant urban park.

Nevertheless, the Defendant, without obtaining permission from the Daegu Metropolitan City Mayor, cut the form and quality of land by using a chiller with a height of about 1.5 meters, for the molding work of neighboring Daegu Dong-gu 7,512 square meters adjacent to the 7,512 square meters of forests and fields E, which are managed as an urban park by the Seocho-gu Metropolitan City Mayor on January 2015, and cut the land into a height of about 1.5 meters.

Summary of Evidence

[2015 High Court Decision 2468]

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Investigation report (examination of the legal principles on the violation of the Act on Urban Parks, Greenbelts, etc.);

1. A written accusation;

1. A certificate of land use plan;

1. Data of photographs of the place of violation [2015 Go fixed, 2968];

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. A written accusation;

1. A certificate of land use plan;

1. Application of statutes on site photographs;

1. Article 54 subparagraph 2 of Article 54 and Article 24 (1) 2 of the Act on Urban Parks, Greenbelts, Etc., for which the relevant Act and the selection of a punishment are applicable to the facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;