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(영문) 서울서부지방법원 2015.07.16 2014고정2373
도시공원및녹지등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant works as the director general of the organization bureau of the E-Trade Union, and is a person who manages the union members and reports and prepares the union members.

Anyone shall, when he/she constructs any facilities or structures other than park facilities in any urban park, obtain permission to occupy and use any urban park by the Special Metropolitan City Mayor,

Nevertheless, at around 07:00 on May 17, 2014, the Defendant installed one stage (20m x 5m x 5m x 5m) necessary for holding “F” organized by the E Trade Union without obtaining permission from the competent authorities on India located in the Independent Park in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and occupied the relevant part without permission by voluntarily installing four mobile-style tents (3m x 6m) and four temporary facilities for sound equipment (1.5m x 1.5m m ).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

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

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

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

1. A person who intends to build facilities, buildings, or structures other than park facilities in an urban park for conviction under Article 334 (1) of the Criminal Procedure Act shall obtain permission for occupation and use from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun who manages the relevant urban park (Article 24 (1) of the Act on Urban Parks, Greenbelts, Etc.), a Special Self-Governing City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may grant permission only when the grounds for occupation and use are inevitable (Article 24 (2) of the same Act).

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