Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

From October 2016 to November 201 of the same year, the Defendant laid down turfs on land of approximately 3,100 square meters in Seoul, Nam-gun, a park zone, and changed the form and quality of land.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. C’s statement;

1. Investigation report (Binding of a written confirmation, etc. that an accused representative has submitted);

1. Determination on the Defendant’s assertion of the charge of accusation or additional charge

1. The gist of the Defendant’s assertion was not that of damaging nature while planting turf, but rather that of damaging nature, the Defendant restored a damaged slope with a surfhead, etc., and improved the natural environment, such as restoring the damaged natural environment by planting trees and turf above at the level of management and aesthetic view.

The defendant's act does not constitute the act of land reclamation or the act of changing the form and quality of land under Article 23 (1) 3 of the Natural Park Act, since the defendant has already restored the damaged land due to siteation and does not constitute a new creation of farmland.

In addition, the defendant did not have any awareness that the above act was against the natural park law, and that it was a change in the form and quality of illegal land.

Therefore, the defendant is not guilty.

2. Determination 1) The Natural Park Act does not have a definition as to the meaning of “opens”, and in general, the term “opens” means “a dry field or flagyal land” as “flaging or flaging land.”

2) According to Article 82 subparag. 2 of the Natural Park Act and Article 23 subparag. 1 subparag. 3 of the same Act, a person who intends to conduct an act of reclamation or alteration of the form and quality of land (including excavation under the ground and alteration of the form and quality of the seabed) in a park area, other than a park project, shall obtain permission from the park management agency, as prescribed by Presidential Decree, and conduct an act subject to permission without obtaining permission from the park management agency.