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(영문) 대구지방법원 안동지원 2015.03.26 2014고합86
환경범죄등의단속및가중처벌에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

Any person shall be prohibited from reclaiming land or changing the form and quality of land in a natural environment district in a park, other than a park project, without obtaining permission therefor from the park management agency.

Nevertheless, from March 201 to July 201, the Defendant, without obtaining permission from the park management authority from March 201, 201, made 18 parts of trees 18 square meters in the permanent state forest B, C, and D, the natural environment district of the Musan National Park, and changed the form and quality of a forest of approximately 1,500 square meters in total in the natural environment district in the park without permission from the park.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of statutes on site photographs;

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

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

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

4. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Social Service Order Act and Article 59 of the Act on Probation, etc. is deemed to have changed the form and quality of a forest of approximately 1,500 square meters in size by creating farmland, etc. in the natural environment district in a park without permission. However, the crime of this case is deemed to be minor, but the crime of this case is committed by the defendant while the defendant led to the crime in this case. The defendant is divided while he led to the crime in this case; the defendant has no criminal records of the same kind; the defendant has restored to the original state most of the forest whose form and quality have changed; and the defendant has restored to the original state, most of

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