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(영문) 대구지방법원 안동지원 2021.01.13 2020고단510
자연공원법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of C, D, and E land in the natural environment conservation area B, and F in the permanent residence in the same park, and G land is adjacent to the above defendant's land.

Any person who intends to conduct the act of clearing land, changing the form and quality of land, cutting trees or collecting wild plants in a park area, other than a park project, shall obtain permission from the park management agency.

From April 7, 2020 to April 8, 2020, the Defendant cut and filled up the ground with heavy equipment such as c, D, E, and G in permanent residence, and performed an act of changing the form and quality of land with a total area of 1,227 square meters, and cut approximately KRW 28 of trees in E.

Accordingly, the defendant changed the form and quality of land and cut trees in the park area without obtaining permission from the park management agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify an accusation, a copy of a written accusation, a photograph of status, a report on investigation results, and a disposition related to authorization and permission;

1. Article 82 of the relevant Act and subparagraph 2 of Article 82 of the Natural Park Act, the choice of which is a type of crime, and Article 23 (1) 3 and 7 of the same Act (the choice of a penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance against the defendant, since the defendant changed the form and quality of the land owned by the defendant in the park B without permission and cut trees

However, the fact that the defendant recognized the crime of this case and reflects it, and that the defendant has no record of punishment for the same kind of crime is favorable to the defendant.

In addition, the defendant's occupation, age, sex, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered in consideration of all the circumstances.

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