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(영문) 울산지방법원 2013.05.16 2013고정75
도시공원및녹지등에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Anyone who intends to change the form and quality of land in any urban park that violates the Act on Urban Parks, Greenbelts, etc., the National Land Planning and Utilization Act, and the Management of Mountainous Districts Act shall obtain permission to occupy and use the relevant urban park from the competent administrative agency which manages the relevant urban park under the conditions as prescribed by the Act on Urban Parks, Greenbelts, etc. and obtain permission

In addition, a person who intends to convert a mountainous district must obtain permission from the competent administrative agency as prescribed by the Management of Mountainous Districts Act.

Nevertheless, on March 2012, the Defendant cut 560 square meters out of the Ulsan-gu C land located in an urban park, which is an urban planning facility under the National Land Planning and Utilization Act, by using Pocles, without obtaining the aforementioned permission, and laid down the form and quality of land and converted the mountainous district by 300 square meters.

2. A person who intends to repair a building in violation of the Building Act shall obtain permission from the competent administrative agency under the conditions as prescribed by the Building Act; and

Nevertheless, on May 2012, the Defendant made a large-scale repair of the building by replacing the roof and walls of the D substitute 225 square meters, which are buildings of the size of 225 square meters in Ulsan-gu, Ulsan-gu, Seoul, without obtaining such permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of each police suspect examination protocol against the accused;

1. A written accusation;

1. Five on-site photographs;

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

1. Subparagraph 2 of Article 53 and Article 24 (1) 2 of the Act on Relevant Urban Parks, Greenbelts, Etc. concerning criminal facts; Article 140 subparagraph 1 and Article 56 (1) of the National Land Planning and Utilization Act; Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act; Article 108 (1) of the Building Act;

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