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(영문) 부산지방법원 2019.05.27 2019고정74

산지관리법위반등

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

From 2017 to 2017, the defendant is a person who has built a nearby facility of the fourth floor above ground and the first floor below ground at a place adjacent to the C Park boundary in Busan Jin-gu.

1. Any person who intends to build facilities other than park facilities, build buildings or structures, change the form and quality of land, fell or planting bamboo and trees, gather soil and stones, clean up articles in urban parks under the Act on Urban Parks, Greenbelts, etc. shall obtain permission for occupation and use from the Special Metropolitan City Mayor, Metropolitan City Mayors and heads of Guns who manage such urban parks, as prescribed by Presidential Decree;

On February 2, 2018, the Defendant built a neighboring facility in the D Class adjacent to the above C Park, and cut down without permission to occupy and use the boundary section, centering on the foundation of the ec stairs used as park facilities and as the books of the neighboring residents.

2. On September 2017, the Defendant violated the Mountainous Districts Management Act (hereinafter “Mountainous Districts Management Act”) and was ordered by the head of the Gu of Busan from the head of the Gu of Busan to restore the mountainous district to the original state by September 30, 2017 due to the change of the nature of the mountainous district in the City of Busan, which is a police officer’s domicile, to restore the original state to the original state.

Accordingly, the defendant violated the restoration order of mountainous districts.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Written accusation, etc.;

1. Location map, on-site photographs, etc.;

1. Investigation report (attaching details, etc. of registration by the restoration to original state);

1. Investigation report (to be attached to the table of planned establishment of a bar and to survey data);

1. Application of Acts and subordinate statutes to report on investigation (to attach a copy of summary order of the relevant case);

1. Article 55 subparagraph 10 of the Act on the Punishment of Mountainous Districts, Articles 44 (1) (a violation of an order to recover a mountainous district), subparagraph 2 of Article 54 and Article 24 (1) 2 of the Act on Urban Parks, Greenbelts, Etc., and the selection of fines for each crime;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. The order of provisional payment.