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(영문) 전주지방법원 2018.02.08 2017고정871

하천법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to occupy and use land in a river area shall obtain permission from the competent administrative agency.

Nevertheless, the defendant from the early July 2017 to the same year.

8. From the bottom of the Dridge located in the former west-gun of the river area, the land in the river area was occupied and used by installing 12 square meters (120cm, street: 240cm), air conditioners, and one air conditioners within the river area without obtaining permission from the competent administrative authority during the period of the first patrol.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against the violator of the River Act;

1. A written accusation and a written statement;

1. Application of the location map and on-site inspection statutes;

1. Relevant Article of the Act and subparagraph 5 of Article 95 and Article 33 (1) 1 of the River Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment order are as follows: In this case, from the early July 2017 when the defendant was on the summer leave file, the same year.

8. The Defendant’s act of occupying and using a river without the permission of the competent authority and leasing it to prisoners is disadvantageous to the Defendant, considering the public nature of the river, etc.

However, the fact that the defendant recognized the facts of the crime of this case and expressed his intention of reflect on the wrong crime of this case, and that there is no less punishment for the same crime of this case (in the case of this crime, there is no punishment 15 times). The fact that the investigation of this case appears to have voluntarily removed the reputation, and that the ordinary number established in comparison with a similar case or the degree of business is relatively minor is favorable to the defendant.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.