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(영문) 광주지방법원 2017.02.03 2016고단5519
자연공원법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of "E" in Gwangju North-gu D.

1. A person who intends to operate a general restaurant business shall report to the competent authority, but the defendant shall not report to the head of the competent authority, from June 2016 to the same year without reporting to the head of the competent authority.

9. By the end of 29.29, “E” had cooking facilities, tablers 7-8, and three usuals, etc., and sold chickens, white bars, etc. to customers.

2. Violation of the Natural Park Act; and

(a) Any person who intends to do so, other than a park project, that is feared to impair the scenery or impede the conservation and management of a natural park in a park area, shall obtain permission from the park management agency, as prescribed by Presidential Decree;

From June 10, 2010 to September 29, 2016, the Defendant continued to use a house located in “E”, which is located in the F National Park Zone, for housing purposes, for a restaurant without obtaining permission from the park management agency.

Accordingly, the defendant has harmed the landscape in a park area or changed the use of buildings that are likely to hinder the conservation and management of natural parks.

(b) Any person who intends to newly construct, extend, rebuild, or remove or reduce buildings or other structures in a park area, other than a park project, shall obtain permission from the park management agency;

Nevertheless, the Defendant, without obtaining permission from the Park Management Office in spring in 2013, installed a structure, such as a wooden structure with approximately 15 square meters in size, on the “E” located in the F National Park Zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the defendant by the prosecution concerning the suspect interrogation protocol;

1. Statement made to the prosecution with regard to G, H and I;

1. Each investigation report (violations, changes in the purpose of use of buildings in the inspection conducted on September 28, 2016), two copies of the building ledger, two copies of the report as a result of a business trip, two copies of all matters to be registered, and two copies of the facility management ledger;

1. Each on-site photograph and 10 copies of an airline;

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