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의정부지방법원 2020.04.23 2019고정1775

하천법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mutually resting restaurant of “C” in Spocheon-si B.

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the river management agency from July 1, 2019 to July 16, 2019, installed one unit of 41 square meters in total size within the river area (local river E) of Seocheon-si D Daywon (local river E) and occupied and used a river.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of violation;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (in addition to investigation data, analysis, E status, and extraction of the river maintenance line survey station), records of river maintenance plan, records of building status records;

1. Article 95 of the relevant Act concerning criminal facts, subparagraph 5 of Article 95 of the River Act that selects punishment, and Article 33 (1) 1 of the same Act and the selection of fines;

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

1. According to Article 334(1) of the Criminal Procedure Act, considering the following favorable circumstances: (a) the Defendant’s reason for sentencing under Article 334(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents: (b) recognizes all the facts charged in the instant case and reflects his mistake in depth; (c) the area of the river area where the period of the instant crime was over 16 days and occupied and used is also 41 square meters (a part of the river area was a river area); (d) the Defendant appears to have removed the instant facilities; and (e) the Defendant was deemed to have been sentenced to a fine of KRW 1 million due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at around 204, and

In addition, the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, balance with the general sentencing in the same or similar case, etc. shall be determined as ordered by comprehensively taking into account all the conditions of the punishment specified in the records and arguments of this case.