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(영문) 대구지방법원 김천지원 2015.11.12 2015고정492

하천법위반

Text

A fine of two million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

Any person who intends to perform an act of gathering soil, sand, or gravel within a river zone shall obtain permission from the river management agency.

Nevertheless, from around 05:00 on July 20, 2015 to around 11:00 on July 23, 2015, the Defendant, without permission, removed 40 tons of sand within the said river area using Trackter and sculls around the new horse, a national river located in Kimcheon-si, Kimcheon-si, a national river.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Act and subordinate statutes to the report on the occurrence of the case, the report on internal investigation, the field photograph, and the investigation report on the tent; and

1. Article 94 subparagraph 2 of the relevant Act concerning facts constituting an offense, Article 94 subparagraph 5 of the River Act that selects a punishment, Article 33 (1) 5 of the River Act, the selection of a fine (the amount of a fine shall be reduced partially, considering the fact that the person has no particular criminal record and the person has shown to repent his/her wrong facts in depth, and other circumstances, such as the relationship of the old-age with the old-age, economic circumstances,

1. Articles 70 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;