A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Any person who intends to build, extend, rebuild, reconstruct, or remove or dismantle buildings or other structures in a park area, other than a park project, or to conduct the clearing of land or the alteration of the form and quality of land (including any alteration of the form and quality of underground excavation), as prescribed by Presidential Decree, shall obtain permission from the park management agency, and in particular, he/she shall not change the form and quality of land not less than 300§³ of land in a natural environment district in a park which

그럼에도 불구하고 피고인은 2018. 7. 24.경 다도해해상국립공원 공원자연환경지구인 전남 여수시 B에서 허가를 받지 아니하고 포크레인을 이용하여 정지작업을 하는 등 약 2,407㎡의 형질을 변경하고, 벚나무 3본, 삼나무 1본, 동백나무 2본, 구실잣밤나무 1본, 수종미종 1본을 베었다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Location map and field photographs of a report on the detection of illegal acts;

1. Application of investigation reports (as soon as possible confirmation of the natural environment district B in a park) Acts and subordinate statutes;

1. Relevant Article 4 (2) of the Act on the Control and Aggravated Punishment of Crimes, elective Environmental Offenses, Etc., Article 23 (1) 3 of the Natural Parks Act (a point of changing the form and quality without permission) and Article 82 subparagraph 2 of the Natural Parks Act and Article 23 (1) 7 of the Natural Parks Act (a point of imprisonment without permission and a choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the extent that the sum of the long-term punishments of two crimes prescribed in the Act on the Control and Aggravated Punishment of Environmental Crimes, Etc. which are heavier than the punishment, is added thereto);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences by law: Imprisonment for one year to nine years; and

2. The sentencing criteria are set;