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(영문) 인천지방법원 2018.04.19 2017고정2881

도시공원및녹지등에관한법률위반

Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Anyone who intends to build park facilities in a defendant A urban park shall obtain authorization of an implementation plan from the competent authority;

Nevertheless, on May 11, 2017, Defendant A constructed one toilet (6m, 1.65m in width, 1.65m in height, 2.5m in height), shower room 1 Dong (7m, 5.25m in height, 2.5m in height) (7m, 5.25m in height, 2.5m in height) as park facilities without obtaining authorization of implementation plan from the competent authorities.

2. The defendant B, the representative director of the defendant B, committed the act of violation as described in paragraph (1) above at the date and place mentioned in paragraph (1) above.

Summary of Evidence

1. Partial statement of Defendant A (the third public trial date);

1. Statement made by the police with respect to F;

1. A written accusation of the G business office;

1. Application of Acts and subordinate statutes, such as a corporation registry, an official document for submission of additional data requested, and an applicant for land use planning confirmation;

1. Article 53 subparagraph 1 of Article 53 of the Urban Parks, Greenbelts, etc. Act and subparagraph 1 of Article 21 (Selection of Penalty) Defendant B: Articles 55, 53 subparagraph 1 of Article 53 and Article 21 (1) of the Act on Urban Parks, Greenbelts, Etc.

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The Defendants asserted that Article 334(1) of the Criminal Procedure Act [the Defendants and defense counsel] does not constitute a crime under Article 53 subparag. 1 of the Act on Urban Parks, Greenbelts, etc. (hereinafter “Act”) on the ground that they cannot be the subject of a violation under Article 21 of the Act on the Promotion of Private Parks, Etc., since they are not “private park promoters.”

However, Article 53 Subparag. 1 of the Act is a person entrusted with the management of an urban park or park facilities by a park management agency under Article 20 of the Act, or a person who obtains designation of an implementor of an urban or Gun planning facility project under the National Land Planning and Utilization Act and authorization of an implementation plan under Article 21 of the Act.