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(영문) 수원지방법원 성남지원 2020.01.16 2019고합87

환경범죄등의단속및가중처벌에관한법률위반등

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A defendant shall be punished by imprisonment for one year.

Provided, That the execution of punishment shall be suspended for two years from the date the judgment becomes final and conclusive.

Reasons

Criminal facts

1. On August 2016, the Defendant violated the Act on the Control and Aggravated Punishment of Environmental Offenses, Etc., without obtaining permission from a park management authority, changed the form and quality of land by locating down miscellaneous trees with a forest area of approximately 2,103 square meters in Gwangju City, a natural environment district in a park, which is a natural environment district in a park, and developing dry field without permission from a park management authority.

2. The Defendant in violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development changed the form and quality of land in Gwangju City, as prescribed in paragraph (1), and installed one vinyl house in a size of about 35 square meters for the purpose of keeping farming equipment, etc. on the ground of forest land on April 2017.

3. The Defendant violated the National Land Planning and Utilization Act, without obtaining permission from the Gwangju City Mayor, set up one plastic house with a size of 35 square meters, changing the form and quality of land as prescribed in paragraph (1).

4. The Defendant violated the Management of Mountainous Districts Act, without obtaining permission from the Minister of the Korea Forest Service, converted the use of mountainous districts by changing the form and quality of land.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The accusation of the Gyeonggi-do World Heritage Center;

1. Written statements of D;

1. A detailed statement of violation;

1. Application of the location map and on-site photograph statutes;

1. Article 4(2) of the relevant law on criminal facts, Article 4 of the Act on the Control and Aggravated Punishment of Optional Environmental Offenses, Article 23(1)3 of the Natural Parks Act (the point of changing the form and quality of land without permission), Articles 32(1) and 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (the point of unauthorized Alteration of Land Form and Quality), Articles 140 Subparag. 1 and 56(1)1 of the National Land Planning and Utilization Act (the point of unauthorized Alteration of Land and Construction), Article 6 of the former Mountainous Districts Management Act (Act No. 14361, Dec. 2, 2016); Articles 53 Subparag. 1 and 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016).