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(영문) 수원지방법원 성남지원 2014.09.05 2014고단1418

공유수면관리및매립에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to grow or fell plants on public waters shall obtain permission to occupy and use public waters from the competent authority;

Nevertheless, from October 2012 to the present date, the Defendant operated “D” on two lots of land 1,113 square meters in Sungnam-si, Sungnam-si B and C river site without obtaining permission for occupation and use, and cultivated plants, such as drilling and drilling.

2. Any person who occupies or uses public waters without obtaining an occupancy or use permit of public waters shall reinstate such public waters by removing artificial structures, installations, earth and rocks, and other things established therein;

Nevertheless, on September 12, 2013, the Defendant issued the first order to reinstate to the head of Sung-nam Si/Gu by November 15, 2013, and on November 20, 2013, the Defendant failed to comply with the second order to reinstate to the said head of the Gu by no later than March 31, 2014, without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written accusation, each land cadastre, each copy of cadastral map, and each written confirmation of land use plan;

1. Application of statutes on site photographs;

1. Article 62 Subparag. 2 of the relevant Act and Articles 62 and 8 (1) 7 of the Act on the Management and Reclamation of Public Waters (unauthorized occupation and use of public waters) on criminal facts, Article 64 Subparag. 3 and Article 21 (2) of the Act on the Management and Reclamation of Public Waters, the selection of fines, and the selection of fines;

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

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

1. The sentence shall be determined as ordered by taking into account the following factors: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act, taking into account the circumstances leading to the instant crime; (b) the defendant has no power to do so; and (c) the defendant reflects the mistake.