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(영문) 창원지방법원 밀양지원 2014.04.03 2013고단602
자연공원법위반등
Text

A defendant shall be punished by imprisonment for six 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

1. Violation of the Natural Parks Act;

A. In a case where anyone intends to modify the permission of a park project in a natural park, he/she obtained permission from the park management authority. However, the Defendant extended the land area to 482 square meters without permission in excess of the content permitted for the existing lodging business from B and one parcel outside of a Do park around September 23, 2013.

Accordingly, the defendant modified the permission of park project without permission of the competent authority.

B. On September 23, 2013, when anyone intends to change the form and quality of land in a natural park, he/she obtained permission from the park management authority, but the Defendant created a site of 490 square meters for accommodation facilities without permission from the park management authority.

Accordingly, the defendant changed the form and quality of land in natural parks without permission from the competent authorities.

2. A person violating the River Act obtained permission from the river management agency in cases where he/she intends to occupy and use land in the river area; however, the Defendant, without permission from the river management agency, occupied and used the land in the river area without permission by installing a structure by putting the embankment existing at a higher height (L=105 meters, H=1-6 meters), a flat 20 and a luminous 93m2m2 in the river area.

Accordingly, the defendant reconstructed a structure and occupied land in a river area without permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Each report on investigation;

1. Each accusation book, on-site survey map, and soil and sand shipping confirmation certificate;

1. The location map and the application of related Acts and subordinate statutes;

1. Article 82 subparagraph 1 of Article 82 of the Natural Parks Act, Article 20 (2) and (1) of the Act on the Selection of Punishment for Criminal Facts (a change of permitted matters and imprisonment with labor), subparagraph 2 of Article 82 of the Natural Parks Act, and Article 23 (1) 3 of the Natural Parks Act;

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