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(영문) 서울동부지방법원 2014.12.12 2014고정1901
주차장법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant, the owner of multi-household 402 located in Songpa-gu Seoul Metropolitan Government, and an attached parking lot, cannot be used for purposes other than parking lots. However, from April 24, 2013 to August 24, 2014, the Defendant changed 6.8 square meters from among the annexed parking lots on the first floor of the above multi-household 1 building to warehouse facilities.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of statutes on site photographs;

1. Article 29 (1) 2 of the Parking Lot Act and Articles 19-4 (1) of the same Act and Article 19-4 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the facilities for warehouse use installed by the defendant are extremely part of the annexed parking lot and do not cause any impediment to parking, which cannot be considered as the alteration of the use of the annexed parking lot that is prohibited under Article 19-4(1) of the Parking Lot Act.

2. In full view of the determination, the change of use prohibited under Article 19-4(1) and (2) of the Parking Lot Act, and Article 12(1) of the Enforcement Decree of the Parking Lot Act shall not be deemed to have caused any trouble to the use of a parking lot. The Defendant’s act does not necessarily constitute an exception under any of the subparagraphs of Article 19-4(1) of the Act and Article 12(1) of the Enforcement Decree thereof. Thus, the above assertion is rejected.

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