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(영문) 수원지방법원 성남지원 2017.04.19 2016고단4162
도시공원및녹지등에관한법률위반
Text

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

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

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 to occupy and use the competent administrative agency which manages the relevant urban park, as prescribed by Presidential Decree.

Nevertheless, on May 2016, the Defendant cut and filled up the 1,615 square meters into a horse playground without obtaining permission from the competent authorities, and changed the form and quality as a sum of 285 square meters into a temporary building in the 285 square meters.

As a result, the defendant installed buildings other than park facilities without obtaining permission from the competent administrative agency, and changed the form and quality of land in urban park.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to accusation books, location maps, field photographs, land use regulation services, business trips;

1. Subparagraph 2 of Article 53 and Article 24 (1) of the Act on Urban Parks, Greenbelts, etc., concerning facts constituting an offense, the selection of fines (the completion of confession, reflectivity, and restoration from the original state);

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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