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(영문) 광주지방법원 2018.08.22 2018고정226
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

On August 25, 2017, the Defendant, without obtaining permission, carried in approximately 25 tons of rocks (1m to 4.3m in diameter) in order to maintain waterways, store banks, and grow mushrooms on farmland owned by the Defendant in Gwangju North-gu, Gwangju, a park area, and he stored them.

Accordingly, the defendant stored goods without obtaining permission in a park area.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. The legal statement of the witness C;

1. Answer to an interpellation;

1. Application of statutes on site photographs;

1. Article 83 of the relevant Act and subparagraph 1 of Article 83 of the Natural Park Act, the choice of a fine concerning facts constituting an offense, and Articles 23 (1) 9 of the same Act;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel as to whether the goods fall under the piling, and the defendant's temporary cutting of the booms because the d employee brought the booms into the ground at the time, does not constitute piling up the goods stipulated in Article 23 (1) 9 of the Natural Park Act.

The argument is asserted.

However, according to the evidence duly adopted and examined by this court, the defendant can find the fact that he did not make an application or a report after having made a lower judgment, as stated in the facts constituting an offense, and without making an application or a report, and that he stored the lower judgment.

I would like to say.

2. Whether the Defendant and his defense counsel are subject to permission, the Defendant and his defense counsel asserted that the Defendant’s Stockpiling up the bar is the Defendant and his defense counsel under Article 18(2) of the Natural Park Act, and Article 18(1)3(d) of the same Act. However, it is obvious that it is a clerical error in Article 18(2)3(d).

It argues to the effect that the act is permissible without permission as "an act necessary for the self-functional function of the village district in a park" as prescribed in subparagraph 3 (d).

Article 23 (1) of the Natural Park Act shall be stockpiled or integrated.

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