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(영문) 대구지방법원 상주지원 2016.08.18 2016고합33
환경범죄등의단속및가중처벌에관한법률위반등
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

Defendant

A is a person who has a graveyard in C when residing in a natural environment district in a park, and the defendant B is a person engaged in stone business.

Defendant

A upon the damage of the above cemetery, the restoration was requested to Defendant B, and the Defendants conspired to make access roads to the above D to enter the cemetery up to the above cemetery.

From April 27, 2016 to May 7, 2016, the Defendants: (a) had E, an excavating engineer, be laid down with a tree 93glusss, and changed the form and quality of 785 square meters in the area of land by using a digging machine without obtaining permission from the park management office.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the interrogation of suspects of E;

1. A written statement;

1. Each accusation;

1. The application of park guidance and satellite photographs, the table of the current status of forest damage, photographs, the contents of text messages, and the application of statutes to the forest ledger;

1. Relevant Article 4(2) of the Act on the Control and Aggravated Punishment of Specific Crimes, Article 23(1)3 of the Natural Park Act (unauthorized changes in the form and quality of land) concerning criminal facts, Article 82 Subparag. 2 and Article 23(1)7 of the Natural Park Act (unauthorized changes in the form and quality of land), Article 30 of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes) for the aggravation of concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment (the following sentencing is favorable to the Defendants during the period of punishment)

1. Each of the instant crimes with the reason for sentencing under Article 62(1) of the Criminal Act, which is for the suspension of execution, is deemed to be less than the quality of the instant crime in light of the degree of damage, etc. in light of the following: (a) the Defendants changed the form and quality of land from forest land designated as a natural environment district in a park to 785 square meters without permission of the relevant administrative agency, from forest land designated as a natural environment district in a park to the extent of 785 square meters without permission of the relevant administrative agency,

shall not be required to do so.

However, the defendants committed each of the crimes of this case.

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