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(영문) 부산지방법원 동부지원 2015.02.05 2014고정1551
도시공원및녹지등에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a coffee store with the trade name “D” in the C Park located in Ulsan-gun B.

Anyone who intends to build facilities, buildings or structures, other than park facilities, in any urban park shall obtain permission to occupy and use the relevant urban park from the administrative agency that manages the relevant urban park, and anyone shall be prohibited from damaging any park facilities.

Nevertheless, on May 29, 2014, the Defendant, without obtaining permission from the head of Ulsan-gu, who manages the relevant urban park in the above C Park, destroyed park facilities by installing temporary buildings, such as stairs of 10.8 square meters and other structures outside the park facilities, on the steel-frame container of 18 square meters and the steel pipe structure of 118.8 square meters, without obtaining permission for occupation and use.

Summary of Evidence

1. Defendant's legal statement;

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

1. Subparagraph 2 of Article 54 and Article 24 (1) 1 of the Act on relevant Law, Urban Parks, Greenbelts, Etc. (a point where a building is constructed without permission) concerning criminal facts, and subparagraph 3 of Article 54 and Article 49 (1) 1 of the Act on Urban Parks, Greenbelts, Etc. (a point where a park facility is damaged);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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