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(영문) 전주지방법원 정읍지원 2020.05.07 2020고단123
자연공원법위반
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall perform an act of getting trees blighted in a natural park.

At around 15:00 on February 3, 2020, the Defendant removed, without permission from the park management authority, the sum of 98 glue 1 glue, such as 68 glue trees, 7 glue trees, 2 glue trees, 4 glue trees, glue trees, 3 glue trees, glue trees, glue trees, glue trees, 1 glue trees, and glue glue trees, where the Defendant resides in the natural environment district located in Jeonbuk-gun Group B and C where the Defendant resides.

Accordingly, the defendant committed an act of getting trees blighted in a natural park.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written statement;

1. Current status of locations and photographs of trees damaged and damaged sites;

1. A survey list of damaged trees;

1. Application of satellite photographing statutes;

1. Article 84 subparagraph 2 of the Natural Parks Act and Article 27 (1) 2 of the same Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant committed the instant crime on the ground that he was unable to get out of wild boars while living alone in mountain.

The Defendant had already been punished for the same content by removing the volume of trees of 98 square meters and repeating the same crime even if he/she was punished by a fine of KRW 300,000,000 on March 28, 2016, and a fine of KRW 3 million on December 10, 2019.

Finally, in order to give the defendant an opportunity, the execution of punishment is suspended under the condition of community service order.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.

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