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(영문) 대구지방법원김천지원 2020.11.19 2020고정227

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 conduct a new construction of buildings or other structures, or conduct a reclamation or alteration of the form and quality of land in a park area, other than a park project, shall obtain permission therefor from the park management agency.

The Defendant cultivated the land of approximately 33 square meters in the Gu, Si, Si, si, without obtaining permission from the park management authority from the park management authority from March 26, 2020. In C, the Defendant cultivated the land of approximately 15 square meters in a vinyl house, one chickens, one retaining wall, a retaining wall, a water tank, etc., installed a retaining wall, a retaining wall, a storage, a steel structure, etc. in D, and cultivated the land of approximately 40 square meters in size. In E, the Defendant cultivated the land of approximately 30 square meters.

Accordingly, the defendant newly constructed a structure and developed a land in a park area without obtaining permission from the park management agency.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation against a violator of the Natural Parks Act, a business trip report, a comparative location map before and after reinstatement, and the application of statutes on a photographed site;

1. Article 82 subparagraph 2 of Article 82 of the Natural Parks Act and Article 23 (1) 1 and 3 of the Act on the Selection of Punishment for Criminal Facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. According to Article 334(1) of the Criminal Procedure Act, the sentence like the order shall be determined by comprehensively taking into account the following factors: (a) there is no record of the same kind of punishment in the reason for sentencing of Article 334(1) of the Provisional Payment Order; (b) most of the restoration to the original state; (c) the recognition of the crime; and (d) the Defendant’s age, character,