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(영문) 서울북부지방법원 2015.12.04 2015고정1223
도시공원및녹지등에관한법률위반
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

1. Anyone who intends to build facilities, buildings or structures, etc. in urban parks shall obtain permission for occupation and use from the Special Metropolitan City Mayor, Metropolitan City Mayors, or the head of Si/Gun who manages the relevant urban parks under the conditions as prescribed by the Presidential Decree;

Nevertheless, the Defendant received from the original owner on April 5, 2013, and installed a building without permission using a board in the D Park located in Jung-gu Seoul, Jung-gu, Seoul, a city park zone from July 2013, using a board, 72 square meters building, a steel 29.6 square meters warehouse, and a 7.8 square meters-free building using a steel framed.

2. Anyone who intends to build facilities, buildings or structures, etc. in urban parks shall obtain permission for occupation and use from the Special Metropolitan City Mayor, Metropolitan City Mayors, or the head of Si/Gun who manages the relevant urban parks under the conditions as prescribed by the Presidential Decree.

Nevertheless, from April 5, 2013, the Defendant changed the form and quality of illegal land of 622 square meters in the D Park located in Jung-gu Seoul Metropolitan Government, which is located in the urban park zone.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The statement of each police officer made to F and G;

1. A report on investigation (attaching photographs);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 53 subparagraph 2 of the relevant Act and Article 53 and Article 24 (1) 1 and 2 of the Act on the Selection of Urban Parks, Greenbelts, etc. concerning criminal facts, and Selection of fines, respectively;

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

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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