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(영문) 수원지방법원 안산지원 2017.03.16 2016고정1768

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

When anyone intends to occupy and use public waters, he/she shall use them after obtaining permission to occupy and use public waters pursuant to the Acts on the Management and Reclamation of Public Waters.

Nevertheless, the Defendant did not obtain permission for occupancy and use of public waters in 201, but occupied and used a tent in the vicinity of the Yongsan-gu, Ansan-si, the reclaimed farmland development project site managed by the Korea Rural Corporation after obtaining a license for reclamation of public waters from the date and time in 2011 to June 20, 2016, and installed two residential containers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Copies of the results of the accusation, direction, and cadastral survey;

1. Application of statutes on site photographs;

1. Subparagraph 2 of Article 62 of the Act on the Management and Reclamation of Public Waters (the construction of an unauthorized structure) and Article 8(1)1 of the same Act on the Management of Public Waters, Subparagraph 2 of Article 62 of the Act on the Management and Reclamation of Public Waters, and Article 8(1)7 of the same Act on the Management of Public Waters and Reclamation (the occupation of cultivating plants without permission) concerning facts constituting an offense;

1. The ordinary concurrent indictment does not contain any part, but is deemed to be a clerical error, so it shall be added ex officio.

Articles 40 and 50 of the Criminal Act

1. Selection of an alternative fine for punishment;

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;