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(영문) 광주지방법원 2015.03.13 2014고단3207
도시공원및녹지등에관한법률위반
Text

The sentence against the accused shall be determined by a fine of one million won.

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

Reasons

Punishment of the crime

A person who is designated as a project implementer to build and manage park facilities from a park management agency and has not obtained authorization for an implementation plan should not build any urban park or park facilities. However, around June 2014, the Defendant installed park facilities, such as swimming pool, slick, toilet, wood cream, etc., in the L Park, which is an urban park located in Gwangju-gu I, J, and K, without obtaining authorization from the park management agency.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on witness M and N's respective statutory statements;

1. Article 53 of the relevant Act and Articles 53 subparagraph 1 and 21 (1) of the Act on the Selection of Urban Parks, Greenbelts, etc. concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion on the part of the defendant under Article 334 (1) of the Criminal Procedure Act and the judgment on the defendant's assertion that the defendant does not correspond to "private park promoter" under Article 21 (1) of the Urban Park and Greenbelts Act. However, in a comprehensive review of the relevant Acts and subordinate statutes, such as the Act on Urban Parks, Greenbelts, Etc. and the National Land Planning and Utilization Act, the above "private park promoter" refers to all persons who are entitled to build an urban park only after obtaining the designation of a business operator under Article 86 (5) of the National Land Planning and Utilization Act and the approval of an implementation plan under Article 88 (2) of the same Act, such as the contents of "Guideline on Special Cases concerning Development Activities in the Site", which is the Ministry of Land, Infrastructure and Transport direction, and thus, the above assertion by the defendant is without merit.

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