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(영문) 대전지방법원 공주지원 2015.08.26 2015고합22

환경범죄등의단속및가중처벌에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Any person who intends to reclaim land or perform other acts of changing the form and quality of land in a natural environment district in a park, other than a park project, shall obtain permission therefor from the park management authority, as prescribed by

Nevertheless, around March 14, 2015, the Defendant reclaimed a forest land of 550 square meters without obtaining permission from a park management authority in C in a public housing area.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation results of illegal acts;

1. Inquiry of an area for use;

1. Full certificate of the matters to be registered:

1. Application of the relevant Acts and subordinate statutes to the result of boundary restoration surveying;

1. Article 4 (2) of the Act on the Control and Aggravated Punishment of Crimes under Relevant Acts and Subordinate Statutes, Article 23 (1) 3 of the Natural Parks Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. The Defendant, for the reason of sentencing of one year, who is sentenced to a suspended sentence under the main sentence of Article 59(1) of the Criminal Act (hereinafter the following sentencing grounds), has both led to the confession of the crimes and is in profoundly against the Defendant.

The Defendant, including the part which was used as a dry field in the past, was reclaimed, and the area of the reclaimed land is 550 square meters or more, and its scope is not wide.

The Defendant was pointed out that the act of reclamation was illegal, and immediately ceased the act of reclamation, and faithfully restored the reclaimed part.

The defendant has no record of criminal punishment, in addition to the punishment of a fine of KRW 500,00,000, once in the past.

The defendant is clearly related to social relations, such as faithfully running social activities, such as private teaching institutes and businesses.

Considering such circumstances, the defendant's age, character and conduct, environment, and circumstances of the crime in this case as well as all of the sentencing conditions shown in the records and arguments, the defendant is deemed to have been remarkably normal, so the sentence shall be suspended only once. It is so decided as per Disposition.