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(영문) 대전지방법원 서산지원 2015.11.05 2015고합75
환경범죄등의단속및가중처벌에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Any person who intends to reclaim land or alter the form and quality of land in a park area other than a park project in violation of the Act on Control and Aggravated Punishment of Environmental Offenses, etc. shall obtain permission therefor from the park management

Nevertheless, on May 2015, the Defendant changed the form and quality of land without permission from the head of C National Park Management Corporation of the Korea National Park Service by making use of sckes for the purpose of using it as a camping parking lot in Chungcheongnamnam, E, F and G, which is a natural environment district in a park area in a park.

2. Any person who intends to construct a building or other structure other than a park project in a park area in violation of the Natural Parks Act shall obtain permission therefor from the park management authority;

Nevertheless, on May 10, 2015, the Defendant extended toilets (areaed to approximately 19.65 square meters) in Chungcheongnam-nam, G, and I, a natural environment district in a park area, from around 10, 2015, without obtaining permission from the head of the management office of the C state Park Management Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to J and K;

1. A written accusation;

1. Forestry register and certificate of land use plan;

1. The application of a location map and statutes governing status photographs;

1. Relevant Article 4 (2) of the Act on the Control and Aggravated Punishment of Specific Crimes, elective Environmental Offenses, Etc., Article 23 (1) 3 of the Natural Parks Act (a point of changing the form and quality of land without permission), Article 82 subparagraph 2 of the Natural Parks Act, and Article 23 (1) 1 of the Natural Parks Act (a point of extension without permission and a choice of imprisonment);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Order of community service;

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