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(영문) 대전지방법원 서산지원 2015.12.03 2015고합88
환경범죄등의단속및가중처벌에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to reclaim land or change the form and quality of land in an area designated as a natural park protection area which is in violation of the Act on Control and Aggravated Punishment of Environmental Offenses, etc. in addition to a park project shall obtain permission therefor from

On May 13, 2015, the Defendant established an access road with a length of 150 meters and width of 2.4 meters by cutting and raising an access road to farmland in Taean Coastal National Park, Taean-gun, Taean National Park, Taean-gun, a natural environment district in a park, without obtaining permission from the park management authority, for the purpose of opening an access road to farmland.

Accordingly, the defendant changed the form and quality of land (area approximately 360 square meters) without obtaining permission from the competent authorities in the environmental protection area.

2. Around 23:50 on May 14, 2015, the Defendant: (a) obstructed the form and quality of land as described in paragraph (1) in front of the Taean Coastal National Park Service, the Korea National Park Service, the office of Taean National Park, North Korea Branch; and (b) caused damage to the victim’s total market price of KRW 3,617,250, which is owned by the Korea National Park Service; and (c) caused 152-37, by destroying a glass window and a duplicating machine, etc. in front of the office of Taean National Park Management Corporation, which was located in the territory of the Republic of Korea.

Summary of Evidence

【No. 1】

1. Defendant's legal statement;

1. A written accusation;

1. Land cadastre, cadastral map, and land use plan confirmation;

1. Location map and photographs on the current status (the crime of Article 2 on board);

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A report on internal investigation:

1. Written estimate of damage;

1. Application of Acts and subordinate statutes to photographs, such as site;

1. Relevant Article 4 (2) of the Act on the Control and Aggravated Punishment of Crimes, elective Environmental Offenses, Etc., Article 23 (1) 3 of the Natural Parks Act ( point of changing the form and quality of land without permission), and Article 366 of the Criminal Act ( point of destroying and damaging property and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall govern and control heavier environmental crimes, etc.;

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