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(영문) 대전지방법원 홍성지원 2018.06.20 2018고단56
자연공원법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 10, 2017, the Defendant was sentenced to ten months of imprisonment and two years of suspended execution, and one year and six months of suspended execution and three years of suspended execution due to a violation of the Park Act by the Daejeon High Court on April 10, 2017, and the said judgment became final and conclusive on April 18, 2017, and is currently under suspended execution.

[2] From June 2017 to September 2017, the Defendant newly constructed one building with a total floor area of approximately 82 square meters, without obtaining permission from the park management office, on the land located in Chungcheongnam-Nam located in the C Park from around June 2017 to around September 2017, the Defendant changed the form and quality of the land by cutting the land of approximately 459 square meters in total area and building a structure with a total floor area of about 82 square meters, and cutting the land of about 283 square meters in size, and piling concrete, and he stored construction materials in E.

Accordingly, the defendant constructed a new building without obtaining permission from the park management agency in the park area, changed the form and quality of the land, and he stockpiled goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made with respect to G and H;

1. Written self-sufficiency by I and J;

1. Each location map (No. 28,199 of evidence), cadastral map (No. 29 of evidence);

1. Site for each photograph (No. 32,43, and 71 of the evidence list), on-site verification photographs, photographs, the location map, and the site for the photograph;

1. Investigation report (to hear and report suspect F telephone statements);

1. Previous convictions in judgment: Application of Acts and subordinate statutes after inquiry, such as text of judgment and criminal history;

1. Subparagraph 2 of Article 82 of the Natural Park Act, Article 23 (1) 1 (the occupation of new construction of an unauthorized building, etc.), subparagraph 3 (the occupation of changing the form and quality of land without permission), subparagraph 1 of Article 83, and Article 23 (1) 9 (the occupation of piling up of goods without permission) concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The Defendant, on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, was sentenced to a suspended sentence of imprisonment due to a violation of the Natural Park Act, but committed the same kind of crime again in the adjoining area only two months after the judgment became final and conclusive, and committed the same crime.

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