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(영문) 창원지방법원 2016.02.03 2015고정1307

하천법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who runs the electrical construction business with the trade name of Kimhae-si B.

A person who intends to excavate land in a river area, fill up the ground, cut the ground, change the form and quality of land, etc. shall obtain permission from the river management agency, as prescribed by Presidential Decree.

On October 2014, the Defendant did not obtain permission from a river management agency within the D river area in Kimhae-si, Kimhae-si, and used a scke, laid earth and sand on a daily area of 465 square meters and violated it.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (in cases of attaching photographs of a river warning area);

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

1. Article 95 Subparag. 5 of the former River Act (amended by Act No. 1294, Jan. 6, 2015) and Article 33 Subparag. 4 of the same Act (amended by Act No. 1294, Jan. 6, 2015) regarding criminal facts;

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

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