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(영문) 청주지방법원 제천지원 2016.07.22 2016고합15
환경범죄등의단속및가중처벌에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to conduct reclamation or other acts of changing the form and quality of land in a natural environment district in a park, other than a park project, shall obtain permission from the park management office, as prescribed by Presidential Decree.

Nevertheless, on October 2015, the Defendant cut 920 square meters in Chungcheongnamyang-gun, Chungcheongnamyang-gun, and changed the form and quality of 960 square meters in aggregate by raising 40 square meters in D without obtaining permission from the park management office.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. A written accusation or an additional written accusation;

1. Current status photograph, location map, ledger of each land, confirmation certificate for each land use plan, and a certified copy of each cadastral map;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by telephone from a public official in charge);

1. Article 4 (2) of the Act on the Control and Aggravated Punishment of Crimes under Relevant Acts, Etc., and Article 23 (1) 3 of the Natural Park Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under Article 62(1) of the Act on the Suspension of Execution (hereinafter the following sentencing grounds) and Article 62(1) of the Act on the Punishment, etc. of Environmental Offenses (hereinafter “Act on the Punishment, etc.”) were asked whether the Defendant, a person in charge of national parks, was able to adjust each land as indicated in the judgment before changing the form and quality of the judgment, but the Defendant respondeded that it was possible to F. As such, changing the form and quality of the act was committed. The Defendant’s act was unaware of whether it violated the Act on the Control and Aggravated Punishment of Environmental Offenses,

The argument is asserted.

Article 16 of the Criminal Code does not mean a simple case of the site of law, and it is reasonable to recognize that it is not a crime but a general case of an act which is a crime but does not constitute a crime under the law in its special case.

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