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(영문) 수원지방법원 성남지원 2014.04.15 2014고정81
자연공원법위반
Text

Defendant shall be punished by a fine of two million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Where a park zone intends to construct structures or to alter the form and quality of land in addition to a park project, it shall obtain permission therefor from the park management authority.

1. On June 2009, the Defendant newly constructed a structure by using wooden board, plastic board, hack pipe, etc., a livestock breeding farm with a floor area equivalent to 228 square meters, without obtaining permission from the Governor of Gyeonggi-do, the park management authority, in a forest of Gwangju City located in Namsung-si Do.

2. On August 201, the Defendant newly constructed a vinyl with a floor area of 80 square meters or more using a pipe and vinyl, etc. on the Do Forest in Gwangju City, which is located in the Namsung Do Park, without permission of the Governor of Gyeonggi-do, the park management authority.

3. On August 201, 201, the Defendant: (a) reclaimed 41 square meters of land into dry field without permission from the Governor of the Gyeonggi-do; (b) changed the form and quality of land; and (c) newly constructed a fence by installing a fence using trees, water, etc.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning F;

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

1. Article 82 subparagraph 2 of Article 82 of the Natural Parks Act and Article 23 (1) 1 and 3 of the same Act concerning the selection of applicable laws and punishment for crimes;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

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