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(영문) 창원지방법원 통영지원 2014.08.08 2014고정270
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

Any person who intends to install facilities, buildings or structures, other than facilities necessary for the creation of greenbelts, in a greenbelt shall obtain permission to occupy and use from the competent authority.

Nevertheless, on January 2014, the Defendant installed iron pents (5m in length and 2.5m in height) at C, a buffer green belt, without obtaining permission to occupy the competent dial market.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a survey on current status, land use plan confirmation, and copy of old map;

1. Article 53 of the relevant Act and Articles 53 subparagraph 2 and 38 (1) 1 of the Act on the Selection of Urban Parks, Greenbelts, etc. concerning criminal facts, and Selection of fines;

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

1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant under Article 334 (1) of the Criminal Procedure Act and his defense counsel asserted that the defendant and his defense counsel are not guilty since the steel pents (hereinafter "the instant pents") installed before the site of the instant pents was designated as a green area.

According to Article 38(3) and (1) of the Urban Park and Green Areas Act and Article 43(4) of the Enforcement Decree of the same Act, the extension, remodeling, reconstruction, or large-scale repair of existing structures prior to the creation of a green area shall be subject to permission to occupy and use a green area. The Act and the Enforcement Decree of the same Act are determined to be constitutional, which do not destroy the balance between the public interest in green area conservation and the private interest represented by the property right.

Therefore, the above argument by the defendant and his defense counsel cannot be accepted.

For the reasons stated above, the defendant's act is guilty, or the pents of this case are only five meters, and the site where the pents of this case are installed has already been permitted to occupy and use for the purpose of access roads. Thus, the site itself is the site.

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