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(영문) 춘천지방법원 영월지원 2015.09.04 2015고정121

자연공원법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Any person who intends to reclaim land, alter the form and quality of land (including excavation on the ground and changing the form and quality of the seabed), fell trees or gather wild plants in a park area, other than a park project, shall obtain permission therefor from the park management authority.

1. On September 2014, the Defendant changed the form and quality of the land, without permission from a park management authority, by taking advantage of the slope of 15 square meters in order to establish an access road to a cemetery for the relocation of a cemetery, in the Gangseo-gun, Gangwon-gun, which is a park zone.

2. On March 2015, the Defendant cut seven standing timber to be used for planting purposes in Gangwon-gun, a park zone, and without permission from a park management authority.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to accusation, location map and photograph of current status, and investigation report (explosive of forest form and quality changes and accompanying pictures);

1. Subparagraph 2 of Article 82 of the Natural Parks Act and Article 23 (1) 3 and 7 of the same Act concerning facts constituting a crime;

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

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