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(영문) 춘천지방법원 2019.07.04 2019고정55

공유수면관리및매립에관한법률위반

Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to grow plants or occupy or use public waters in the course of committing the crime on July 2018 shall obtain permission to occupy or use public waters from the management agency of public waters, as prescribed by Presidential Decree;

Nevertheless, around July 2018, the Defendant occupied or used public waters of 451 square meters in total in 116 square meters in a total, by installing artificial structures, such as car clubs and bus bars, while cultivating plants, such as planting, without obtaining permission for occupation or use from the competent authority, in Chuncheon-si, which falls under public waters, and occupied or used public waters of 567 square meters in total, such as occupying or using public waters of 116 square meters in total.

2. A person who occupies or uses public waters without obtaining an occupancy or use permit of such public waters for the crime or without obtaining consultation or approval for occupancy or use of such public waters on August 2018 shall remove artificial structures, etc. installed on such public waters and reinstate such public waters.

Nevertheless, the Defendant did not comply with the above order until January 2, 2019, even though he received an order from the competent authority to restore the above B to its original state on August 31, 2018, in a place unclaimed on August 21, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Application of investigation reports (verification of areas illegally occupied and used), cadastral survey results register, accusation (including attached materials), field photographs Acts and subordinate statutes;

1. Article 62 subparagraph 2 of the relevant Act on the Management and Reclamation of Public Waters (a point where a person occupies or uses public waters without permission) and Articles 8 (1) (a point where a person occupies or uses public waters without permission), subparagraph 3 of Article 64 and Article 21 (2) of the Public Waters Management and Reclamation Act on criminal facts;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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