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(영문) 창원지방법원 통영지원 2018.01.08 2017고정227
자연공원법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates retail stores mutually with “D” in the natural environment district in a park in a park in a national park in B.

Where it is intended to alter the use of buildings which are feared to impair the scenery, or to impede the conservation and management of a natural park in a park area, or to install standing signboards for publicity or advertisement, it shall obtain permission from the park management agency.

Nevertheless, without obtaining permission from a park management agency, the Defendant: (a) installed an electronic siren from June 2016 to February 3, 2017; (b) changed its use into a retail store; and (c) installed a standing signboard for publicity or advertisement on June 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Results of inquiries and replies to the Ministry of Environment under this Act;

1. E statements;

1. The written accusation and accusation against the natural park law violations;

1. On-site photographs;

1. Application of the statutes governing business registration certificate, register of general buildings, report on the change of use of construction and large-scale repair;

1. Article 83 subparagraph 1 of the same Act and Article 23 (1) 10 of the Natural Park Act (Selection of each fine) concerning facts constituting an offense;

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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