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(영문) 창원지방법원 통영지원 2018.02.08 2017고단1039
자연공원법위반
Text

Defendant

B shall be punished by a fine of 3,000,000 won.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to newly construct, extend or rebuild buildings or other structures, other than a park project, or accumulate or develop land or to alter the form and quality of land in a park area shall obtain permission from the park management agency.

Nevertheless, around November 2016, Defendant B newly constructed a warehouse on land equivalent to 72 square meters in a place without obtaining permission from the competent authority in order to cultivate mushroom in Do, a natural environment district in a marine park, which is a national park in a national park. In addition, Defendant B installed concrete on land equivalent to 296 square meters, he stored a stone shed on land equivalent to 310.8 square meters, and constructed a road on land equivalent to 335 square meters.

Accordingly, Defendant B newly constructed a building in a park area and changed the form and quality of land.

Summary of Evidence

1. Defendant B’s legal statement

1. Each legal statement of witness E and F;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 82 of the relevant Act and subparagraph 2 of Article 82 of the Natural Park Act, the choice of a fine concerning facts constituting an offense, and the selection of a fine under Article 23 (1) 1 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, as a construction business operator, was requested by E, the owner of the Do forest (hereinafter “instant land”) and committed the instant crime, there are grounds to consider the circumstances. The Defendant recognized the instant crime, and there is no record of criminal punishment exceeding the fine, the duty of restoration is borne by the owner of the instant land, and the Defendant’s age, sexual behavior, environment, motive and background of the instant crime, and circumstances after the crime, etc. shall be determined by comprehensively taking into account all the factors indicated in the instant pleadings.

The acquittal portion

1. New construction, extension, reconstruction or removal of buildings or other structures, other than park projects, or clearing of land or other land in a park area, the summary of the facts charged against Defendant A;

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