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(영문) 대전지방법원 2015.09.30 2015고정666
도시공원및녹지등에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Anyone who intends to fell or depth bamboo and trees in any urban park shall obtain permission for the occupation and use of the head of the local government who manages the relevant urban park.

On March 12, 2014, the Defendant laid down ten d Park in Seo-gu, Seo-gu, Daejeon, which was designated as urban park from 8:0 to 9:30 on March 12, 2014, with sckes using sckes without obtaining permission for occupation and use.

(hereinafter “instant deforestation”). Summary of evidence

1. Partial statement of the defendant;

1. A witness E, F, and G’s legal statement (the defendant is merely the removal of one tree roots from a tree tree and a tree tree roots that had already been cut, and the defendant requested the above work and actually carried out the work. However, the article F, who visited G around April 2014, made a statement to the effect that it was cut out in a manner of gathering the roots of “one tree tree and several weeks” from this court. The statement was made in a business trip report prepared by the public official E, who was dispatched after receiving a report on illegal cutting, stating that the contents of the statement were specific, and that “the discovery of some damage (including approximately 50 cm) and tree felling (such as tree R37) by using scke on the day of the instant case.” Since G’s statement that visited G at the site was written on April 2014, the defendant accepted some of the above facts as stated in the report on business trip report made by the public official E, and thus, he could not be found to have been aware of the fact at the time of the visit.

1. A report on each business trip;

1. Application of Acts and subordinate statutes to prosecute violators of the Urban Park Act;

1. Article 54 of the relevant Act and Articles 54 subparagraph 2 and 24 (1) 3 of the Act on the Selection of Urban Parks, Greenbelts, etc. concerning criminal facts, and Selection of fines;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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