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(영문) 광주지방법원 목포지원 2019.10.24 2019고합59

자연공원법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who manages forest land B in Youngnam, which is a monthly childbirth area, a national park area, and a natural environment district in a park.

Any person who intends to reclaim land, alter the form and quality of land or fell trees in a park area, other than a park project, shall obtain permission therefor from the park management authority under the conditions as prescribed by the Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the park management authority from September 2017 to April 2018, 2018, laid a dry field and opened a dry field and opened an access road to concrete land of approximately 2.9m in length, and changed the form and quality of land equivalent to 1,500m square meters.

As a result, the Defendant changed the form and quality of land not less than 300§³ in the natural environment district in a park.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (B Park Natural Environment District Confirmation), dry field on investigation report, dry field of land, confirmation of land reclamation on or around 2017, and attachment of satellite photographs;

1. Application of the Acts and subordinate statutes on the spot survey of current status photograph, location map, and cut trees without permission;

1. Article 4 (2) of the Act on the Regulation and Aggravated Punishment of Specific Crimes, elective Environmental Offenses, Etc., Article 23 (1) 3 of the Natural Parks Act (unauthorized change of form and quality of at least 300 square meters) and Article 82 subparagraph 2 of the Natural Parks Act, and Article 23 (1) 7 of the Natural Parks Act (Unauthorized punishment, and Selection of Imprisonment);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes] and Article 38 (1) 2 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing of Article 62-2(1) of the Criminal Act is rendered.