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(영문) 청주지방법원 2013.07.18 2013고정486
자연공원법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the head of B Gun, and C is a supervisor at the site of G development projects that are being created in D, local administrative officials, members E in Chungcheongnam-gun, and F.

Any person who intends to fell trees or gather wild plants in a park area, other than a park project, shall obtain permission therefor from the park management authority, as prescribed by Presidential Decree.

Nevertheless, on November 7, 2012, the Defendant obtained a permission for the implementation of a park project in the Musan-gun on November 7, 2012, and ordered C to illegally cut approximately KRW 70 trees, such as saw trees, Japanese leaf trees, etc. that were born around the above lot number without obtaining permission from the park management agency, by creating a 'G 'G 'G 'E-gun, Musan-gun and Musan-gun, a natural conservation zone for the national park in Y and Musan-gun.

Accordingly, C laid down trees in the vicinity of the above temporary location.

Accordingly, the defendant, in collusion with C, did the act of cutting trees in the park area without obtaining permission from the park management agency.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant and C;

1. Accusation against a violator of the Natural Parks Act;

1. Application for permission to implement a park project;

1. A plan for implementing a park project;

1. replys to the cases of consultation on the implementation of a G park project;

1. Application of Acts and subordinate statutes on photographed land;

1. Article 82 subparagraph 2 of the Natural Parks Act and Article 23 (1) 7 of the same Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. One member of the area where a temporary payment order was created as a G inquiry channel for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and most of the members of the National Park Management Corporation intends to set trees in and around the surrounding area as a nature conservation district managed by the National Park Management Corporation, the permission of the park management agency should be obtained. Since permission was obtained for the use of the embankment with respect to the construction of the wooden stairs in the initial inquiry channel, the park management agency’s purpose is to make trees using the trees around the site.

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