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(영문) 대구지방법원 서부지원 2018.11.13 2018고정472

자연공원법위반

Text

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

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

Reasons

Punishment of the crime

Any person who intends to newly construct, extend or rebuild buildings or other structures, other than a park project, or accumulate or reclaim land or to alter the form and quality of land in a park area shall obtain permission from the park management agency.

Nevertheless, on May 2018, the Defendant was found to have cut land equivalent to 325 square meters in place without obtaining permission from the competent authority in order to create a vehicle passage road to Gyeongbuk-gun, Gyeongbuk-gun, and C, a natural environment district in the Yasan National Park, which is a Yasan National Park, and used aggregate at the same time.

Accordingly, the defendant changed the form and quality of land in the park area without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of those persons violating the Park Act, - Accusation, - Jins, - Current photographs;

1. Application of Acts and subordinate statutes to a report on investigation (person in charge of accusation and monetary content);

1. According to the pertinent legal provisions of criminal facts and Articles 82 subparag. 2 and 23 subparag. 1 subparag. 3 of the Park Act (in particular, the facts charged, accusation and written statement) regarding criminal facts, the court shall correct ex officio, as it is obvious that there is a clerical error, and as such, there is no concern that the exercise of the defendant’s right to defense may be a substantial disadvantage;

Selection of Fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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