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(영문) 부산지방법원 2018.06.20 2018고정490
도시공원및녹지등에관한법률위반
Text

Defendants shall be punished by fine of KRW 1,000,000.

Defendant

B If the above fine is not paid, 100.

Reasons

Punishment of the crime

1. The defendant B is the representative director of the corporation A who operates the E Park located in Busan Jin-gu D.

No person who promotes a private park, other than the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province Mayors, or the heads of Sis/Guns, shall build or manage any urban park or park facilities without obtaining authorization from the competent administrative

Nevertheless, from the end of March 2017 to the beginning of April 2017, the Defendant, without obtaining the authorization of the competent authority, developed a boundary vessel by installing a concrete retaining wall after cutting the 2m width and the depth of 2m chills, depending on the inner boundaries of the said children’s large park.

2. The Defendant Company A, at the time and place specified in paragraph 1, committed the above offenses against the Defendant’s business by B, a representative of the Defendant.

Summary of Evidence

1. The defendant B's partial statement

1. A protocol concerning the examination of suspect against the defendant B;

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

1. Data on the current status of illegal construction works of coaches;

1. Each photograph;

1. An application for permission to engage in development activities [this case's defense counsel has a risk of safety accidents by committing abnormal behavior at the time of the instant case, and there are many time to obtain approval from the competent authorities, and thus, it is inevitable to install the above facilities, and thus, illegality should be avoided as it constitutes an urgent escape or a justifiable act. However, the above assertion is rejected in light of the circumstances where the Defendants required a certain time in order to design and prepare the pertinent construction work, and it appears that they could have been able to hold prior consultation with the competent authorities on the ground of such circumstances.]

Application of Statutes

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

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