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(영문) 서울중앙지방법원 2020.06.04 2019고정184 (1)
도시공원및녹지등에관한법률위반등
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, change the form and quality of land, stockpile articles, etc. in any urban park shall obtain permission from the Special Metropolitan City Mayor who manages any urban park, and anyone who intends to convert a mountainous district shall obtain permission from the Minister of the Korea Forest Service, etc. according to the classification of the types, areas, etc.

On March 2018, the Defendant, within Seocho-gu Seoul Forest Area, stored the records of trial, bags, iron glars, etc. in the vicinity of a container installed therein, filled up them. On that side, the Defendant constructed a building in the form of a wall and roof with a size of about 25.97 square meters by using iron pipe and tent, etc., thereby committing prohibited acts in urban parks without obtaining permission from the Special Metropolitan City Mayor that manages urban parks, and diverted mountainous districts without obtaining permission from the Minister of the Korea Forest Service.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutor's office and police interrogation protocol of the accused (including D, E, and F replacement);

1. Application of the accusation note, accusation note, reply note to the Gyeonggi-nam Facilities Association, location map, and statutes governing the status photograph;

1. Article 53 subparagraph 2 of the relevant Act on Criminal Facts and Articles 24 (1) 1 of the Urban Parks and Greenbelts, etc. Act, subparagraph 1 of Article 53 of the Management of Mountainous Districts Act and Article 14 (1) of the Mountainous Districts Act;

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. The instant forest land for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is the reason of the Defendant, and there is a long time a container (a large number of cases where a large military unit is installed and used for military purposes and neglected to be used for military purposes) is left alone at the site, and the additional installation of the Defendant is relatively variable and broad in size, such as Mongolia.

Furthermore, the Defendant is in the process of the investigation and trial of this case.

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