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(영문) 인천지방법원 2019.09.19 2019고정773

국유재산법위반

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

No person shall use or benefit from State property without following procedures and methods prescribed by the State Property Act or other Acts.

Nevertheless, around May 2017, the Defendant established three fumes (0.9m in diameter, 2.5m in height), without permission of the competent authority, in the O and J ditch of Incheon, Incheon, which is a state property, and used state property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness P;

1. Police suspect interrogation protocol of the accused;

1. A statement of each P;

1. The defendant and his defense counsel acknowledged the fact that a fume is installed as described in the facts charged of this case, but the defendant also has a fume, and there is a justifiable reason, on the grounds that the E has a fume, for the purpose of responding to the occurrence of a natural disaster or for the risk of a fume that is installed by E. However, the defendant's assertion that a fume was installed in an investigation agency to prevent a natural disaster by stating that "E had a fume, installed a fumeme," is difficult to believe that the defendant's assertion that a fume was installed in order to prevent a natural disaster from being dangerous. The defendant's and his defense counsel's assertion are without justifiable grounds for this. The defendant's and

1. Article 82 of the State Property Act and Articles 82 and 7 (1) of the same Act and the selection of fines concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;