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(영문) 대전지방법원 서산지원 2015.03.12 2014고정373

공유수면관리및매립에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, on September 12, 2018, issued an order to reinstate the public waters of the 6,772m2 square meters in Sejong-si, Jinjin-si, without obtaining a reclamation license, and failed to comply with it even if he received an order to reinstate from the Pyeongtaek-si Port Office around February 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Orders to reinstate public waters;

1. Records of cadastral survey results;

1. Field, documentary evidence, photograph and location map;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to documents related to orders for reinstatement);

1. Article 63 Subparag. 5 of the Act on the Management and Reclamation of Public Waters and Articles 63 and 54 (2) of the same Act concerning criminal facts and the selection of fines;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act is equivalent to 6,772 square meters of the area illegally reclaimed by the defendant, and the fact that the defendant has been issued an order to reinstate since 2000 and has failed to comply with it is unfavorable to the defendant. The defendant requested state-owned reconciliation to the Gyeyang Port Office for the reason that excessive costs are required to reinstate and it is not urgent to cope with it. Ultimately, nationalization of the target land is proceeding, and that the defendant has been punished for the same crime with the same contents three times since 200.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.