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(영문) 대전지방법원 서산지원 2015.08.13 2015고합48
환경범죄등의단속및가중처벌에관한법률위반등
Text

Defendant

A Imprisonment for one year, and each of the educational foundations of the defendant B shall be punished by a fine of 5,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a juristic person that operates the above training center, while working as a deputy director of the E Youth Training Center in Chungcheongnam-Nam, and is responsible for the safety of facilities and the maintenance of management.

1. Defendant A

(a) Any person who violates the Control and Aggravated Punishment of Environmental Offenses Act shall not alter the form and quality of land in a natural environment district in a park without obtaining permission therefor from the park management authority;

Nevertheless, on April 28, 2013, the Defendant: (a) without obtaining permission from the park management authority on April 28, 2013; and (b) performed activities to find out the sckes using the sckes and to make the ground floor smooth at the place; (c) thereby changing the form and quality of land.

(b) No person who violates the Natural Parks Act shall construct buildings or other structures or fell trees in a park area without obtaining permission therefor from the park management authority;

Nevertheless, the defendant does not obtain permission from the park management authority, and the first person is the defendant.

On May 2012, 2012, two sperm (3m x 3m x vertical length) are newly constructed in each forest, and around September 2014, one vinyl (5m x 15m x vertical length) was laid down in each forest, and around April 28, 2013, about 40gs of trees located therein.

2. Defendant B, at the time and place specified in paragraph (1), the Defendant A, who is an employee of the Defendant, changed the form and quality of land without obtaining permission from the park management authority as described in paragraph (1) with respect to the Defendant’s business, and newly built buildings and cut trees.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 4(2) of the Act on Control and Aggravated Punishment of Environmental Offenses, Etc.; Article 23(1)3 of the Natural Parks Act is unauthorized.

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