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(영문) 인천지방법원 2014.10.16 2014고정2979
공유재산및물품관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Public Property and Commodity Management Act was using public land (land category: road size: 765 square meters (p. 231 square meters) owned by Incheon Metropolitan City, which is located in Nam-gu, Incheon Metropolitan City, with permission for use from the office of the office of the office of the office of the management agency, and became disqualified on December 31, 2013 due to the expiration of the period.

Nevertheless, the Defendant within the above public land on March 4, 2014, 1 container on March 10, 201, 3 container containers on March 10, 21 of the same month, pipes on the 22th of the same month, boiler and gas pipes on the 26th of the same month, external fences on the 26th of the same month, and container toilets and temporary warehouses on the 27th of the same month,

4. 21. A container was installed respectively.

Accordingly, the defendant occupied and used public land owned by Incheon Metropolitan City without permission.

2. Any person who intends to build, rebuild, alter or remove structures, articles or other facilities, or occupy and use roads for other purposes in zones of roads violating the Road Act shall obtain permission from the road management agency;

Nevertheless, the Defendant occupied and used a road without permission as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each statute on a written accusation;

1. Article 99 and Article 6(1) of the former Act on the Management of Public Property and Commodity (Amended by Act No. 12201, Jan. 7, 2014); Article 97 Subparag. 3 and Article 38(1) of the former Road Act (Amended by Act No. 12248, Jan. 14, 2014); selection of fines for criminal facts; and 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;

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