beta
(영문) 전주지방법원 2017.09.27 2017고정489

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 fell trees or gather wild plants in a park area shall obtain permission from the park management agency.

Nevertheless, on February 18, 2017, the Defendant cut three trees, such as 60 cm trees with a diameter of 60 cm, using mechanical saws, without obtaining permission from park management authorities, in the forest land located in North-gun B, a park zone, North-gun, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. A report on detection;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article 82 of the relevant Act and subparagraph 2 of Article 82 of the Natural Park Act, the choice of a fine concerning facts constituting an offense, and Articles 23 (1) 7 of the same Act, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has cut trees without permission in a national park is disadvantageous to the defendant. The defendant recognized the crime of this case and is against the defendant, and the fact that the defendant has no record of criminal punishment is favorable to the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.