A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the owner of land B in the Do Sea, Sea, National Park area, and the natural environment district in the park, Jeonan-gun.

Any person who intends to reclaim land, change the form and quality of land or fell trees in a park area, other than a park project, shall obtain permission therefor from the park management agency under the conditions as prescribed by the Presidential Decree.

1. Around July 2, 2019, the Defendant violated the Act on the Control and Aggravated Punishment, etc. of Environmental Offenses, etc. without obtaining permission from the park management authority, and developed land of approximately 910 square meters by cutting and suspending land of approximately 910 square meters in the above land by using two excavation seasons to create a bar for agricultural use, or changing the form and quality thereof.

Accordingly, the Defendant changed the form and quality of land at least 300 square meters in a natural environment district in a park.

2. The Defendant violated the Natural Parks Act without obtaining permission from the park management authority at the time and place specified in paragraph (1) of this Article, approximately 10 gams from the said method.

Summary of Evidence

1. The defendant's legal statement;

1. C’s legal statement;

1. Documents related to change of the form and quality of D and damage to trees;

1. Determination as to the assertion by the defendant and his defense counsel on the location map, current status photograph, and additional photograph

1. Summary of the assertion

A. The instant land was used as dry field from the Defendant’s tide, and around 2009, where trees were planted by the Korea National Park Service as a green forest restoration project, and the Defendant’s act constitutes an act under Article 19(1)3 of the Enforcement Decree of the Natural Parks Act (such as changing the form and quality of farmland) and Article 19(1)9 of the Enforcement Decree of the Natural Parks Act (including the establishment of plastic houses for agricultural purposes) and can be said to be done without permission

B. The Defendant’s change of the form and quality is merely 220 square meters.

2. Determination

(a) Whether an act may be performed without permission under Article 23 of the Natural Parks Act (1) Any person who intends to perform an act falling under any of the following subparagraphs in a park area, other than a park project, shall be prescribed by Presidential Decree: