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(영문) 의정부지방법원 2018.04.26 2018고정351

하천법위반

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

Any person who intends to occupy and use land or to newly construct, rebuild or alter a structure in a river area shall obtain permission from the competent administrative agency.

Nevertheless, the Defendant, without obtaining permission from the competent river management office from spring spring on October 12, 201, remodeled two Dongs of a total of 280 square meters in Gyeonggi-gun, Gyeonggi-do, which is a river area, and occupied land by means of using it as a private park facility or a store.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation, written accusation, photographic site, ledger of land, confirmation of a land use plan, and cadastral map;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 95 of the relevant Act and Articles 95 and 33 (1) of the River Act, the selection of a fine concerning criminal facts, the selection of a fine, and the selection of a fine;

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

1. The reasoning for sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and the economic situation seems to have not been followed by the judicial branch of this case, and it seems that there are circumstances that make it difficult to implement restoration to the original state due to the use of the private gambling facilities of this case as a residential area, etc., is recognized as normal conditions favorable to the defendant.

However, the crime of this case where the defendant occupied the river area without the permission of the competent authority is not less than the nature of the crime in light of the content and method of the crime, the period of unauthorized occupation and use is reasonable, and the complete recovery has not yet been achieved, and there has been the records of punishment several times due to the same and similar crimes. The general amount of punishment in the same and similar cases is balanced, and the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, family relations, economic circumstances, and other various circumstances which are the conditions for the punishment of this case.