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(영문) 울산지방법원 2017.02.15 2015고정2054

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Part of the facts charged was revised to the extent that it does not harm the defendant's right of defense.

1. A person who violates the Act on Urban Parks, Greenbelts, etc. has obtained permission from the competent authority for the occupation and use of facilities, buildings, or structures other than park facilities within urban parks. However, the Defendant installed facilities, buildings, or structures other than park facilities without permission without obtaining permission from the competent authority as shown in the list of crimes in the attached Table, by installing one container for storage use of approximately 54 square meters in size, without obtaining permission from the competent authority, in Ulsan-gun, Ulsan-gun, which is an urban park zone from December 2, 201 to December 2013.

2. A person who intends to temporarily use a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the competent authority to set its use and obtain such permission. However, the Defendant temporarily used the mountainous district without permission from the competent authority without reporting it to the competent authority, such as setting up one container with an area of 54 square meters or less in the forest in Ulsan-gun, Ulsan-gun, Ulsan-gun, and establishing one container with an area of 54 square meters at the same time.

Summary of Evidence

1. The defendant's partial statement

1. Legal statement of the witness D;

1. A written accusation;

1. The arrangement map, on-site photographs, and cadastral map of each airline, damaged facility;

1. A letter of business trip;

1. Application of Acts and subordinate statutes confirming land use plans;

1. Article 53 Subparag. 2 of the former Urban Park, Green Areas, etc. Act (Amended by Act No. 12977, Jan. 6, 2015); Article 24(1) of the former Urban Park, Green Areas, etc. Act (Amended by Act No. 12977, Jan. 6, 2015); Article 55 Subparag. 2 of the Mountainous Districts Management Act and the former part of Article 15-2(2) of the former part of the Mountainous Districts Management Act, which provides a low statutory penalty without any changes in the indictment, shall apply to criminal facts.

(Temporary Use of Unreported Mountainous Districts)

1. Selection of each fine;

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. The Criminal Act to attract a workhouse;