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(영문) 의정부지방법원 2014.11.20 2014고정1964

하천법위반등

Text

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

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

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

1. A person who intends to newly construct, rebuild, or alter a structure within a river area shall obtain permission from a river management agency, as prescribed by Presidential Decree. However, the Defendant, on September 2013, newly constructed two parts of structures with a total floor area of 21.84 square meters and 19.4 square meters and a roof of 21.84 square meters and 19.4 square meters in a manner of aground with a light-weight panel.

2. Where any person constructs a building with a total floor area of less than 200 square meters in a control area, an agricultural and forest area, or a natural environment conservation area under the National Land Planning and Utilization Act, or a building with less than three floors, he/she shall file a report with the competent authority;

Nevertheless, the defendant did not report to the competent authorities at the same time and place as the above 1 paragraph, and constructed a temporary building in the same manner as the above 1 paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The "Article 95 subparagraph 1 of the River Act" as stated in the applicable provisions of Article 95 subparagraph 5 of the River Act, which are applicable provisions of the indictment, is deemed to be a clerical error in relation to criminal facts and punishment selection.

Article 33(1)(Unauthorized Occupancy and Use of Rivers and Selection of Fines) and Articles 111 subparag. 1 and 14(1)(Unauthorized Construction Report) of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014)

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

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;