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(영문) 부산지방법원 2017.11.29 2017고정1635

도시공원및녹지등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall alter the form and quality of land in any urban park without obtaining permission from the competent administrative agency, fell bamboo and trees, or Stockpiling articles within any urban park.

Nevertheless, from January 27, 2017 to October 30 of the same month, the Defendant: (a) excavated the unclaimed land as a construction machine stack in D Park, which is an urban park located in Geum-gu, Busan; (b) excavated the unclaimed land; (c) cut off the quantity and trees; and (d) stored construction materials on the remaining land; and (c) performed an act of piling down the form and quality of land, cutting bamboo and trees, piling up goods, etc. in park facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports by each police (in relation to the submission of materials by persons responsible for accusation and investigation by persons responsible for each accusation);

1. The provisions of Acts and subordinate statutes applicable to the standards for parks under the Act on Urban Parks, Greenbelts, Etc., the reinforced site photographs, location maps and field photographs, land registers, forest land registers ( Busan Geum-gu B), land use planning ( Busan Geum-gu C), land use planning ( Busan Geum-gu C), areas, districts, districts, etc., the details of restricted activities in the area, districts, etc., and the provisions of Chapter II of Acts and subordinate statutes applicable to such areas;

1. Article 54 subparagraph 2 of the relevant Act on Urban Parks, Greenbelts, etc., and Articles 24 (1) of the same Act on criminal facts;

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

1. Under Article 334(1) of the Criminal Procedure Act, the punishment heavier than the summary order is to be mitigated by comprehensively taking into account the following circumstances: (a) the Defendant’s original restoration of the reason for sentencing under Article 334(1) of the Criminal Procedure Act; and (b) the Defendant’s age, sex behavior, environment, motive, means and consequence of the crime; and (c) the circumstances after the crime.