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(영문) 광주지방법원 2017.12.06 2017고정1598 (1)
자연공원법위반
Text

The sentence against the accused shall be determined by a fine of two million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Any person who intends to newly construct, extend, rebuild or rebuild buildings or other structures in a park area, other than a park project, shall obtain permission from the park management agency, as prescribed by Presidential Decree.

However, on August 2016, the Defendant installed a low temperature storage room of approximately 12.5 square meters in a vinyl house installed in Gwangju-gu, Chungcheongnam-gu, Gwangju-gu, a village district for a national park in Musan-do, without obtaining permission from the Korea National Park Service. On February 2017, 2017, the Defendant newly constructed a 20 square meters mould be located in the same plastic house.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation by the Director of the Office of Musan National Parks; and

1. C’s statement;

1. Application of the location map and current status photograph statutes;

1. Article 82 subparagraph 2 of the relevant Act and Article 23 (1) 1 of the Natural Park Act, and the selection of fines, respectively, concerning facts constituting a crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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