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(영문) 서울중앙지방법원 2016.10.11 2016고정2544
국토의계획및이용에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

No one shall build any building, other than park facilities, in an urban natural park zone without obtaining permission for activities; no one shall convert a mountainous district, which changes the form and quality of a mountainous district without obtaining permission for mountainous district conversion; no one shall engage in development activities, such as construction of buildings, without obtaining permission for development activities; and any person who intends to build buildings shall obtain permission from the competent authority.

Nevertheless, on March 10, 2016, the defendant did not obtain the above permission from the competent authorities, and installed a sand site size of about 34 square meters in the C Park located in Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Location map and current status photograph;

1. Application of Acts and subordinate statutes to investigation reports (to attach data to the land use regulation information system);

1. Subparagraph 2 of Article 53 and Article 24 (1) 1 of the Act on the relevant Act on Urban Parks, Greenbelts, Etc. (the occupation of building without permission within an urban park), Article 140 Subparag. 1, Article 56 (1) 1 of the National Land Planning and Utilization Act (the occupation of an unauthorized development act), Articles 53 Subparag. 1, and 14 (1) of the Mountainous Districts Management Act, Articles 108 (1) and 11 (1) of the Building Act 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. 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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