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(영문) 서울중앙지방법원 2019.08.22 2019고단1909

도시공원및녹지등에관한법률위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Anyone who intends to store goods in any urban park in violation of the Act on Urban Parks, Greenbelts, etc. shall obtain permission to occupy and use the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor

Nevertheless, from October 17, 2018, the Defendant performed an act of piling up things, such as bricks and construction materials, without obtaining permission from the competent authority on approximately 1,300 square meters of urban parks located in 121,00, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

2. On October 17, 2018, the Defendant violated the National Land Planning and Utilization Act, as prescribed in paragraph (1), even though he/she received a corrective order from the head of Gwanak-gu in Seoul Special Metropolitan City on November 23, 2018 to restore to the original state on November 9, 2018, to the original state without obtaining permission from the competent authority for the occupation and use of approximately 1,300 square meters of urban parks located in 121, Seoul Special Metropolitan City, Incheon Special Metropolitan City, the Defendant violated the Act, even though he/she received a corrective order from the head of Gwanak-gu in Seoul Special Metropolitan City on November 23, 2018 to restore to the original state by December 14, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 53 Subparag. 2 of the Act on the elective Urban Parks, Greenbelts, etc., Articles 24 (1) 5 of the National Land Planning and Utilization Act, Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act, the selection of fines for offenses;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the area of the violation in this case, the defendant has been punished several times for the same kind of crime, and other circumstances that form the sentencing conditions indicated in the records of this case, such as the defendant's age, criminal records, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as ordered.