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(영문) 창원지방법원 진주지원 2018.12.20 2018고합138
환경범죄등의단속및가중처벌에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

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

1. Change of the form and quality of at least 300 square meters without permission;

A. The Defendant, without obtaining permission from the Director of the National Park Management Office B of the National Park Management Service, changed the form and quality of land to at least 300 square meters by cutting and suspending a site of at least 360 square meters for the creation of access roads in Gyeong-gun, Gyeong-gun, Chungcheongnam-gun, a natural environment district in B national parks around October 2015, using one excavation season, and changing the form and quality of land.

B. The Defendant, without obtaining permission from the Director of the National Park Management Office B of the National Park Management Service, changed the form and quality of land to at least 300 square meters by cutting and raising the ground for approximately 300 square meters among the forests listed in the above paragraph (a) in October 2017 and by using one cutter, in order to create a mushroom growing area.

2. Unauthorized trees: The Defendant cut 27 weeks of trees, such as class trees, floor trees, etc., in forests and fields listed in the above-mentioned 1-Ga (a) around October 2017 without obtaining permission from the Director of the National Park Management Office B of the National Park Service;

Summary of Evidence

1. Statement by the defendant in court;

1. Location map and the site for each photograph;

1. Fifteen copies of the photograph; and

1. A report on the lumbering without permission;

1. Application of statutes on land use plans;

1. Relevant Article 4(2) of the Act on the Control and Aggravated Punishment of Specific Environmental Offenses, Etc., Article 23(1)3 of the Natural Park Act (referring to the alteration of an unauthorized form and quality of not less than 300§³) concerning criminal facts, and Articles 82 Subparag. 2 and 23(1)7 of the Natural Park Act (unauthorized penalty items, and choice of imprisonment with labor);

1. The provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes with the punishment specified in paragraph (1) of the same Article as the most severe punishment) for concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Suspension of execution;

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