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(영문) 대구지방법원 2018.12.06 2018고정1158
도시공원및녹지등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

In urban natural park areas, any construction or alteration of the purpose of use of buildings, installation of structures, change of the form and quality of land, gathering of soil and stones, partition of land, deforestation of bamboo and trees, piling-up of goods or an urban/Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act shall not be permitted, but the alteration of the form and quality of land which does not result in the construction of buildings may be conducted, upon obtaining permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan City Mayor

On October 24, 2017, the Defendant leased 10 square meters in total, 31,807 square meters from B, including Daegu Dong-gu C, D, E, and F.

The Defendant, without obtaining permission from the competent authority on December 2, 2017, at Daegu-gu Dong-gu, D, E, and F, which is designated as an urban natural park zone, changed the form and quality of land by making banking and stop work equivalent to 2m high from among the land C to create a parking lot, and at least 2.5m high from D land (60m2) to change the form and quality of land, and at least 2.8m high from E (228m2, respectively, by cutting the height of the land (60m2), and at least 166m2 from the F land to install a fish greenhouse, installed a vinyl house on that day, and constructed three buildings with 136m2 square meters high from the total floor area to use it as the entrance and the mechanical room of the said vinyl.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A written accusation;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (the attachment to the original land use plan);

1. Article 54 subparagraph 2 of the Act on Urban Parks, Greenbelts, etc., and the proviso to Article 27 (1) of the same Act concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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