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(영문) 수원지방법원 성남지원 2017.09.20 2017고정930

소하천정비법위반

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

The defendant is a person who resides near a small river located in Sungnam-gu E.

1. Any person who intends to newly construct, rebuild, or alter an artificial structure in a small river, etc. which has not been permitted to alter an artificial structure shall obtain permission from the managing authority;

Nevertheless, on August 2015, the Defendant extended the width from 2.2m to 3m from 2.0m from 2m to 3m from 2.0m from 2m to 3m from 2m from 2.0.

2. Violation of an order for restoration from the original state;

A. On August 10, 2016, the Defendant violated the above order by failing to restore a bridge to its original state, even though he/she received an order to restore the bridge width from 2.2m to 3m from the Sungnam-si Office to September 15, 2016, without obtaining permission from the Si/Gun/Gu office for revision.

B. On September 28, 2016, the Defendant violated the above order even if he/she received an order to restore the original state by November 15, 2016, as described in paragraph 2-A, as indicated in paragraph 2-A.

(c)

On December 20, 2016, the Defendant violated the above order even if he was ordered to restore the original state by January 13, 2017, as described in paragraph 2-A, as stated in paragraph 2-A.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation and a detailed statement of investigation into offenses;

1. A certified copy of land register and cadastral map;

1. Location map and on-site photographs;

1. A photograph of a bridge before and after the change;

1. The publication of topographic drawings, such as a small river area (public announcement by the defense counsel of the defendant) (the extension of the defendant's bridge constitutes "where the residents temporarily occupy and use flowing water and land and small river facilities in connection with their daily lives," and thus the permission of the management authority is not required, and even if the extension of the family bridge is illegal, for the life, body, and property of the defendant, his family members, and neighboring residents due to the extension of the bridge."