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(영문) 광주지방법원순천지원 2020.10.15 2020고합88
환경범죄등의단속및가중처벌에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of the land B and C located in the natural environment district in a multi-do maritime national park in a park, and D is the owner of land B and C, and D is the owner of land E.

Any person who intends to perform the act of clearing land or changing the form and quality of land in a park area, other than a park project, shall obtain permission therefor from the park management authority.

Nevertheless, the Defendant, without obtaining permission from the park management authority from August 2019 to September 2019, changed the form and quality by cutting off and raising land of approximately KRW 4,553 square meters from the Danhae-gun D members located in the natural environment district in the Gando Sea National Park, which is a park zone, into an excavating machine and cutting off land of approximately 4,553 square meters.

Accordingly, the defendant changed the form and quality of land at least 300 square meters in a park natural environment district in a multi-sea national park, which is a park area, without permission from the park management authority.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written accusation (report) and a criminal investigation report (to be accompanied by a site visit photograph);

1. Application of the location map, on-site detailed map, the national park planning system, current status photograph, and each satellite photograph statute;

1. Article 4 (2) of the Act on the Control and Aggravated Punishment of Crimes under Relevant Acts and Subordinate Statutes, Article 23 (1) 3 of the Natural Parks Act;

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 (the grounds for sentencing that is advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year to seven years and six months;

2. Determination of sentence: The sentence shall be made in the same manner as the order, comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, environment, method and background of the crime, motive, means and result of the crime, and circumstances after the crime was committed.

Conditions disadvantageous to natural ecosystem: natural ecosystem and nature.

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