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(영문) 창원지방법원 통영지원 2016.07.04 2016고정144
자연공원법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

The Defendant is a person who operates a restaurant with a mutual name, “D” in macro-city C.

Where it is intended to impair the scenery or alter the use of buildings which are feared to impede the conservation and management of a natural park in a park area other than a park project, he/she shall obtain permission from the Park Management Office.

However, the Defendant changed the use of the building by installing gas ventilation and frying to the above resting restaurant, which is a natural environment district in the park, from February 2014 to November 19, 2015, without obtaining permission for a maritime national park from the Korea National Park Service.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to written statements, written accusations, replies, and investigation reports;

1. Article 83 subparagraph 1 of the Natural Park Act and Article 23 (1) 10 of the same Act concerning facts constituting a crime, the choice of a fine, and the selection of a fine;

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

1. On June 29, 2016, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, when based on the summary statement of his oral argument, the Defendant appears to have been relieved of the violation of the natural park law by removing a somewhat bypassing method, instead of installing an electronic refry stamp, and instead installing an electronic refry stamp.

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