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(영문) 창원지방법원 밀양지원 2017.11.16 2016고단213
자연공원법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 violates the National Land Planning and Utilization Act shall obtain permission from the relevant authorities to change the form and quality of the land;

Nevertheless, the Defendant, without obtaining the above permission on February 2016, cut and filled up the ground and filled up the ground of D, E, 3,97 square meters of land in the C Park area without obtaining the above permission, and changed the form and quality of land.

2. Any person who intends to violate the National Land Planning and Utilization Act, a violation of natural park Act, or a violation of the Management of Mountainous Districts Act shall obtain permission from the relevant administrative agencies, and any person who intends to change the form and quality of land in a park area shall obtain permission from the park management agencies, and any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest

Nevertheless, the Defendant, without obtaining the above permission on February 2016, cut and filled up the F 1,677 square meters, G51 square meters in the park zone, and changed the form and quality of land.

3. Any person who intends to violate the National Land Planning and Utilization Act, a violation of natural park Act, or a violation of the River Act shall obtain permission from the relevant administrative agencies, and any person who intends to alter the form and quality of land in a park area shall obtain permission from the park management agency, and any person who intends to alter the form and quality of land in a river area shall obtain permission from the river management agency;

Nevertheless, the Defendant, without obtaining the above permission on February 2016, cut and filled up the ground and filled up the ground of H55 square meters in a river area located in C in the park area, thereby changing the form and quality of land.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Statement made by the witness I in the third public trial protocol;

1. Written statements of J, K and L;

1. Survey result map of cadastral status, and the location map of measurement point;

1. Investigation report (Attachment of suspect A submitted photographs);

1. Registers of land and written confirmation of each land use plan;

1. Four on-site photographs (in accordance with each of the above evidence, two meters from the land set forth in Paragraph 1 of the Decision on February 2016.

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