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(영문) 인천지방법원 2017.12.22 2017고정2809

도시공원및녹지등에관한법률위반

Text

Defendant shall be punished by a fine of one 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 in any urban park shall obtain permission to occupy and use from the competent authority, as prescribed by Presidential Decree.

Nevertheless, at around 21:00 on February 18, 2017, the Defendant installed a container (3m X 6m in width) which is a structure without permission of the competent authority at the C Park parking lot located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a public notice of voluntary removal of illegal facilities in an urban park, a copy of the public notice of investigation report (C park whether it falls under an urban park);

1. Article 53 subparagraph 2 of the Urban Parks, Greenbelts, etc. Act and Article 24 (1) 1 of the same Act and the selection of fines for criminal facts;

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

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