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(영문) 광주지방법원 2019.05.07 2018노2692
자연공원법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) was brought into the Republic of Korea in order to maintain waterways, store banks, and grow mushrooms on the farmland owned by the Defendant on the day of the instant case.

In the process, as the D employee called up and interfered with bringing in, the D employee delayed the discharge and the situation where the delayed freight occurs, only the D employee temporarily laid down.

There was no intention on the part of the defendant to sacriffy.

The defendant's above act does not fall under "Stockpiling or binding goods" as stipulated by Article 23 (1) 9 of the Natural Parks Act, and is also permitted pursuant to the Natural Parks Act, or constitutes the omission of reporting under the proviso to Article 23 (1) of the Natural Parks Act and Article 19 (1) 3 of the Enforcement Decree of the same Act.

2. Determination

A. The lower court also asserted the same purport as the above grounds for appeal, and the lower court rejected all of the Defendant’s arguments by taking account of the evidence duly admitted and examined as follows.

1) The Defendant may recognize the fact that the above rocks were kept without filing an application for permission or a report after having been made, as stated in the facts constituting an offense, and this constitutes piling up articles prescribed by the Natural Parks Act. 2) Article 23(1) of the Natural Parks Act provides that “an act of piling up or binding articles (Article 9)” (Article 23(1) of the Natural Parks Act shall obtain permission from the park management authority. Article 23(2) of the same Act provides that a park management authority may grant permission pursuant to paragraph (1) of the same Article only when it satisfies the following standards (Article 18(2) and does not comply with the standards for acts permissible in a special purpose district pursuant to Article 18(2) (Article 18(1)), “not to interfere with the implementation of park projects (Article 18(2)),” “not to affect the natural state where preservation is necessary” (Article 23(3) and

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