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(영문) 춘천지방법원 2017.10.19 2016노996
자연공원법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is examined only to the extent of supplement in the statement of reasons for appeal, which is presented by the defendant on September 20, 2017 after the deadline for submitting the statement of reasons for appeal.

D et al., the original owner of the 5,944m2 (hereinafter referred to as the “instant forest”) of Gangwon-do Crossing-gun B forest land and 5,94m2 (hereinafter referred to as the “instant forest”) obtained permission to create grassland on December 30, 1984 (hereinafter referred to as the “instant permission”). The Defendant purchased the instant forest before it before it, and the Defendant succeeded to the instant permission pursuant to Article 11 of the Grassland Act.

In addition, since the forest of this case was designated as a national park zone on December 31, 1984 after the permission of this case was obtained, it is not necessary to obtain permission from the park management agency for new construction of a building allowed by the defendant in accordance with Article 79 of the Natural Park Act to create grassland.

In addition, according to Article 2 subparagraph 1 of the Grassland Act and Article 2 subparagraph 1 of the Enforcement Rule of the Grassland Act, a person who has obtained permission for the development of grassland may cultivate multi-living improvement plants and feed crops, and install a warehouse for the office.

However, among the facts charged in this case, ① plastic houses and farming clubs fall under offices or warehouses prescribed in Article 2 subparag. 1 (a) of the Enforcement Rule of the Grassland Act, as facilities for storing work equipment, tools, agricultural materials, etc. necessary for the creation and management of grassland. ② In order to prevent the outflow of earth and sand in the acute slope area and secure the functions of fences at the time of grazing livestock, it is depth for the purpose of maintaining and preserving the usefulness of the grassland. The Defendant’s reclamation of 1,264 square meters in the 1,264 square meters in the 1,000 square meters in the 1,264 square meters in the fluor, not clearing, but removal of miscellaneous and miscellaneous trees in the fluored road. ③ In particular, the Defendant’s act constitutes water supply facilities as provided in Article 2 subparag. 1 (g) of the Enforcement Rule of the Grassland Act.

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