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(영문) 수원지방법원성남지원 2020.12.22 2020고단2973

수도법위반

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

Punishment of the crime

No person shall cut standing timber, excavate or embanking land, or change the form and quality of land at a place designated as a water source protection area without obtaining permission from the head of a Si/Gun/Gu.

Nevertheless, on June 2020, the Defendant laid down a height of approximately 0.5m and approximately 2.3m from 0.5m to 5,731m of land in Gwangju-si, C, D, and E (land category: hereinafter “B”), which is a water source protection area, and cut standing trees, and changed the form and quality of land by installing access roads.

Summary of Evidence

1. Application of the police statement, written accusation, and field photographive Acts and subordinate statutes to F of the defendant's legal statement;

1. Article 83 subparagraph 1 of the Water Supply and Waterworks Installation Act and Article 7 (4) 2 and 3 (Selection of Fine) of the same Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The legislative intent of designating a water source protection area for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the scope of land that changes the form and quality, the recognition of and reflects on a change in the form and quality of land, the restoration of land that changes the form and quality to the original state, the fact that there is no criminal record, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances revealed in the pleadings of this case, and the sentencing conditions under