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(영문) 의정부지방법원 2013.06.20 2012고정2151
도시공원및녹지등에관한법률위반등
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Anyone who violates the Urban Parks, Greenbelts, etc. Act and the Management of Mountainous Districts Act intends to change the form and quality of land in a greenbelt shall obtain permission from the competent administrative agency, and anyone who intends to convert a mountainous district shall obtain permission from the competent administrative agency for a specified purpose;

Nevertheless, on November 201, 201, the Defendant damaged mountainous districts, such as packing approximately 32 square meters of forest land D in Nam-si, Namyang-si, Gyeonggi-do, which is a forest green belt area and a mountainous district, as concrete, for the entry into and exit from the green belt, without obtaining permission from the competent authorities, thereby changing the form and quality thereof and converting mountainous districts into mountainous districts.

2. No person who violates the Urban Parks and Greenbelts, etc. Act shall perform any act damaging park facilities in any urban park;

Nevertheless, around November 201, the Defendant damaged park facilities by removing a habitat retaining wall, which is a park facility, in order to create an access road to the place from a size of approximately eight square meters in an urban park located in Nam-si, Namyang-si, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. The police statement concerning G;

1. A written accusation, a report on the detection of change of form and quality of illegal forest, a report on illegal matters in buffer greenbelts, an investigation report on illegal acts, a business trip report, and the application of statutes governing illegal status photographs

1. Subparagraph 2 of Article 54, Article 38 (1) 2, Article 54 subparagraph 3, and Article 49 (1) 1 of the Act on the Management of Mountainous Districts, Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The alleged defendant and his defense counsel have committed the act identical to that of facts constituting a crime, or the act of this case by an administrative agency.

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