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(영문) 전주지방법원 남원지원 2018.01.23 2017고단257
자연공원법위반
Text

The punishment of the accused shall be determined by eight months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutually cafeteria called “D” in Namwon-si C.

A person who intends to conduct reclamation or alteration of the form and quality of land in a park area, other than a park project, shall obtain permission from the park management agency.

Nevertheless, around June 2017, the Defendant changed the form and quality of land equivalent to approximately KRW 144 square meters by piling stone with stone in order to set the business reputation of “D” on the ground of “D” without obtaining permission from the competent authority on the ground of “D”, Nam-si, Nam-si, Seoul Special Metropolitan City, which is located within the E Park Environment District.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written accusation of the Director of the North Korean Office in Park E-park;

1. G statements;

1. Records and location map of the violation site;

1. Investigation reports (Attachment of materials submitted by an accuser) and the application of Acts and subordinate statutes attached thereto;

1. Relevant Article of the Act and subparagraph 2 of Article 82 and Article 23 (1) 3 of the Natural Park Act (elective of imprisonment with prison labor) concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Since the defendant had been subject to a criminal disposition by committing the same kind of crime in the same region even before the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence of imprisonment is inevitable, taking into account the following factors: the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, etc., the sentence of imprisonment is to be determined the same as the order.

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