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(영문) 광주지방법원 2020.10.15 2020고정767

도시공원및녹지등에관한법률위반

Text

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

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

Reasons

Punishment of the crime

Anyone who intends to build facilities, buildings or structures other than park facilities, change the form and quality of land, and store goods in any urban park shall obtain permission for occupation and use from the Special Metropolitan City Mayor, Metropolitan City Mayor, or the head of Si/Gun who manages the relevant urban park,

Nevertheless, around March 2020, the Defendant installed a building (floor area of 12 square meters) by using assembly-type panels, which are building materials, in the C Park, which is an urban park located in Gwangju Mine-gu B, and 4 building materials (floor area of 2.2 square meters) in the surrounding areas.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Official text relating to the order for restitution;

1. Inspection of land use plans and all certificates of land article, etc.;

1. Application of Acts and subordinate statutes, such as a location map, on-site photograph, accusation, and field photograph;

1. Article 53 subparagraph 2 of the relevant Act on Criminal Facts, and Article 24 (1) 1 of the Urban Parks and Greenbelts, etc. Act (hereafter referred to as "unpermitted building"), subparagraph 2 of Article 54 and Article 24 (1) 5 of the Urban Parks and Greenbelts, etc. Act (hereafter referred to as "unpermitted building"), the selection of fines;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.