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(영문) 창원지방법원 밀양지원 2016.11.17 2016고단436

하천법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency.

Nevertheless, the Defendant, without obtaining permission from the competent authority on July 20, 2016, installed approximately 55 square meters in the size of D, which is a local river located in Seoyang-si, D, a local river located in Seoyang-si, and occupied land in the river area.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (Attachment to the same kind of case);

1. Subparagraph 5 of Article 95 of the River Act and Article 33 (1) 1 of the same Act concerning facts constituting an offense;

1. Selection of an alternative sentence of imprisonment (the fact that the defendant has been sentenced to a total of three fines due to a violation of the River Act, 2012, 2014 and 2015, and the fact that the occupied land area is not narrow);

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;