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(영문) 의정부지방법원 2018.07.18 2018고정899

하천법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A person who intends to occupy and use land, occupy and use river facilities, construct, rebuild or alter a structure, excavate, embling or larceny the land, or change the form and quality of land in a river area shall obtain permission from the river management agency.

Nevertheless, from the end of May 2017 to March 6, 2018, the Defendant occupied and used approximately 170 square meters of land by installing a tent, pipe, coordinate, air conditioning, etc. in D, a local river located in Yangju City, without obtaining permission from the river management agency.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act concerning facts constituting a crime and subparagraph 5 of Article 95 of the River Act that selects a punishment, and Article 33 (1) 3 of the same Act (Selection of a punishment penalty);

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

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