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(영문) 대구지방법원 2019.08.29 2019고정597

자연공원법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is an owner of 1,038 square meters in Daegu Dong-gu, Daegu-gu, Seoul Special Metropolitan City.

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

Nevertheless, on March 16, 2019, from around 08:20 to 09:00 on the same day, the Defendant changed the form and quality of land with a volume of approximately KRW 125 square meters, such as cutting slopes by using a excavation season and digging land in the inserting the land by inserting the land without permission from the park management office.

Summary of Evidence

1. Defendant's legal statement;

1. A public official's statement;

1. Location map and the photographic site;

1. Land use planning personnel;

1. Application of Acts and subordinate statutes to investigation reports (Permission for telephone listening-act);

1. Article 82 subparagraph 2 of the Natural Parks Act and Article 23 (1) 3 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;