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(영문) 울산지방법원 2017.07.21 2017고정530
도시공원및녹지등에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Anyone who intends to build facilities, buildings or structures other than park facilities or change the form and quality of land in any urban park shall obtain permission for the occupation and use of the Metropolitan City Mayor or the head of the Gu office who manages the relevant urban park.

Nevertheless, on December 10, 2016, from around December 10, 201 to around 28, 2016, the Defendant installed a temporary building (2m x 6m x 3m m x 7m) using a sand position plate on the building site of the Nam-gu, Ulsan-gu, Seoul, D, and E large scale 3m m2, and changed the form and quality of the land as a f7m mony in order to use it as an access road to the said temporary building.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Attached documents (or on-site photographs, etc.);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 53 of the Act on the Selection of Urban Parks, Greenbelts, etc. for Criminal Facts and Articles 53 subparagraph 2, 54 subparagraph 2, and 24 (1) 1 and 24 (1) 2 of the Act on the Selection of Urban Parks, Greenbelts, etc.;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (the amount of fine shall be determined in consideration of the circumstances leading to the instant crime and the fact that there is no special criminal history);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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