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(영문) 전주지방법원 2014.08.20 2014고정654

도시공원및녹지등에관한법률위반등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. Where it is intended to build facilities, buildings or structures, other than park facilities, in violation of the Urban Parks and Greenbelts, etc. Act, it shall obtain permission from the competent administrative agency;

Nevertheless, on April 5, 2014, the Defendant installed facilities other than park facilities, such as installing one 18 square meters container and 13 wooden stairs in Yancheon-gu, Jeonju-si, Seoul, without obtaining permission from the competent authority, within the urban park located in Samcheon-gu, Jeoncheon-gu, Jeonju-si.

2. Any person who intends to change the form and quality of land violating the National Land Planning and Utilization Act shall obtain permission from the competent authorities;

Nevertheless, the Defendant cut six trees to use them as access roads at the above time and place without permission, and performed development activities such as cutting five meters after cutting and 3.8 meters upon earth.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 53 subparagraph 2 of the relevant Act and Articles 53 and 24 (1) 1 of the Act on the Selection of Urban Parks, Greenbelts, etc. (the occupation of installing facilities, etc. other than park facilities without permission in urban parks), Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the National Land Planning and Utilization Act concerning criminal facts, 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;