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(영문) 대전지방법원 공주지원 2014.08.12 2014고정54

자연공원법위반

Text

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

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

Reasons

Punishment of the crime

Any person who intends to catch livestock in a park area other than a park project shall obtain permission therefor from the park management authority, as prescribed by Presidential Decree.

The Defendant, from around December 2009 to December 5, 2013, without obtaining permission from the park management authority in the upper 302 area of the distribution area in the official city from around 2009 to around December 5, 2013, raised five pigs, a livestock breeding house with a size of 33 square meters, by installing fences at the above place, which is a natural environment district in the mountain mountain area in the urban park in the mountain, and raising five pigs.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Results of investigations of illegal acts (livestock embankments and stock raising), and application of field photographs-related Acts and subordinate statutes;

1. Article 83 subparagraph 1 of the Natural Parks Act and Article 23 (1) 8 of the same Act concerning facts constituting an offense;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, destroyed the park environment by neglecting pigs without permission of the competent authorities within the natural environment district in a national park, which should be absolutely protected for the protection of natural environment and tourism resources, despite the past record of criminal punishment of a fine due to a violation of the Natural Parks Act, a violation of the Road Traffic Act, etc.

Nevertheless, the defendant does not comply with the corrective order of the competent authorities.

Therefore, criminal punishment against the defendant is inevitable.

In determining the specific amount of fine, it was determined as ordered in consideration of the above circumstances, the background of the Defendant’s swine breeding, the ownership of the land during the instant crime, the number of pigs breeding.

It is so decided as per Disposition for the above reasons.