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(영문) 춘천지방법원 2018.07.06 2018고합6
환경범죄등의단속및가중처벌에관한법률위반등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

The Defendant is the owner of a forest land in Gangseo-gun C (hereinafter “instant forest land”).

Any person who intends to build, extend, rebuild, or rebuild buildings or other structures, or to build such buildings or structures, or to conduct clearing or alteration of the form and quality of land (including alteration of the form and quality of underground excavation) in a park area, other than a park project, shall obtain permission from a park management agency, as prescribed by Presidential Decree, and in particular, shall not change the form and quality of land not less than 300§³ of land in a natural environment district in a park, which is an environmental protection area, without obtaining permission from a park management agency.

Nevertheless, around June 5, 2017, the Defendant cut the shape and quality of the instant forest, which is a natural environment district in the D National Park Park, by cutting down 491.36 square meters of 491.36 square meters, without permission from the park management office, and laid off one septic tank equivalent to 1.63 tons of 18 square meters of prefabricated, and newly constructed one prefabricated-type prefabricated-type gate structure.

Accordingly, the Defendant constructed a building without obtaining permission from a park management office in the natural environment district in a park, and changed the form and quality of land at least 300 square meters.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing status photographs;

1. Relevant Article 4 (2) of the Act on the Control and Aggravated Punishment of Specific Environmental Offenses, Etc., Article 23 (1) 3 of the Natural Park Act (Unauthorized change of the form and quality of land), Article 82 subparagraph 2 of the Natural Park Act, and Article 23 (1) 1 of the Natural Park Act (unauthorized construction and option of imprisonment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination as to the defendant and his/her defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount

1. Facilities installed by the defendant in the forest of this case fall under incidental facilities prescribed in Article 2 (1) of the Enforcement Rule of the Grassland Act, and the act of the defendant is natural law.

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