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(영문) 서울중앙지방법원 2013.04.15 2013고정1266
산지관리법위반등
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall convert a mountainous district without obtaining permission for mountainous district conversion, or construct buildings without obtaining permission for development activities, or build buildings in an urban natural park area without obtaining permission for activities, or build buildings without filing a report thereon.

Nevertheless, on October 25, 2012, the Defendant did not obtain the above permission from the competent authority and filed a report on the construction thereof. Around October 25, 2012, at the Defendant’s house in Seocho-gu Seoul Seocho-gu Seoul Metropolitan City, temporarily employed the human father C and D, and extended the boiler room with a roof and a wall on the total floor area of 6 square meters as an accessory building connected to the above house.

Summary of Evidence

1. Defendant's legal statement;

1. Each suspect interrogation protocol (D, C);

1. Application of Acts and subordinate statutes governing the accusation of illegal acts in parks;

1. Article 53 subparagraph 1 of the relevant Article of the Mountainous Districts Management Act, Article 14 (1) of the National Land Planning and Utilization Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) 1 of the Act on Urban Parks, Greenbelts, Etc., subparagraph 2 of Article 53, the proviso to Article 27 (1) of the Act on Urban Parks, Greenbelts, Etc., Article 111 subparagraph 1, and Article 14 (1) 1 of the Building Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a violation of the Management of Mountainous Districts, the punishment of which is the largest);

1. Selection of a fine for negligence;

1. It is so decided as per Disposition on the grounds of the sentencing of Articles 70 and 69(2) of the Criminal Act with the reason of sentencing of the instant crime, the motive and degree of the instant crime, the background leading up to the instant crime, the circumstances leading up to the Defendant’s dwelling in the park, the circumstances leading up to the Defendant’s dwelling in the park, the current status

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