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(영문) 전주지방법원 2019.05.16 2018노1138
자연공원법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The acts written in the instant facts charged are limited to Article 18(2)2(d) of the Natural Parks Act and Enforcement Decree of the same Act (hereinafter “Enforcement Decree”).

(2) Regarding the first crime of Article 14-3(3)3(3) of the Act, the act is permissible by the Defendant’s act. (2) In relation to the crime of the first crime of the judgment below, although the Defendant made walls and toilets inside a warehouse and made the door board on the floor, it does not change the objective purpose of the building from a warehouse to another purpose, it does not constitute “the alteration of the use of buildings that are likely to harm the landscape, or disrupt the conservation and management of a natural park” under Article 23(1)10 of the Act, which provides that

3) With respect to the second crime of Article 2 of the decision of the court below, although the Defendant’s installation of official information protection facilities is inconsistent with the proviso of Article 23(1) of the Natural Parks Act and Article 19(1)11 of the Enforcement Decree of the same Act, it is not subject to permission or report by the park management agency. Even if it is subject to permission, the Defendant’s act is erroneous that his act was not a crime under the laws and regulations, and the Defendant’s act is not punishable under Article 16 of the Criminal Act. Nevertheless, the judgment of the court below which convicted the Defendant is erroneous or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (the 4 million won of a fine) is too heavy.

2. Determination

A. Determination on the assertion of mistake of facts or misapprehension of legal principles 1) Whether permission is necessary for the acts stated in the facts charged in the instant case, Article 23(1) of the Natural Parks Act provides that “an act of newly constructing, expanding, remodeling, reconstructing, or relocating or removing a building or other structure” (No. 1 and 2, or an act of hindering the conservation and management of a natural park.

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