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(영문) 대구지방법원 영덕지원 2019.06.19 2019고정8

수도법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. He/she shall not engage in prohibited activities prescribed by Presidential Decree (referring to cultivating crops in an area falling within a river area, excluding "Cultivating environment-friendly agricultural and fishery products defined in subparagraph 2 of Article 2 of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Food, Etc., in accordance with certification standards under Article 19 (2) or 34 (2) of the Water Supply and Waterworks Installation Act" in a water-source protection area that violates Article 7 (3) 2 of

Nevertheless, at around 10:00 on March 16, 2018, the Defendant cultivated capital reduction, which is an agricultural product, without obtaining certification of environment-friendly agricultural products, within a water source protection area of 5,981 square meters, C, 384 square meters, and 5,828 square meters among D.

2. No one shall use or benefit from public property unless he/she complies with procedures and methods prescribed by the public property and Commodity Management Act or other Acts;

Nevertheless, the Defendant appears to be in writing to have “3,947 square meters” written indictment of approximately 3,956 square meters among the Gyeongbuk-do B, which is an administrative property in the lump-sum stated in paragraph (1). (The portion corresponding to the shares of Ulsan-gun out of the actual cultivation area 5,981 square meters) and the “253 square meters” written indictment of approximately 252 square meters among C appears to be erroneous.

(The portion corresponding to the share in the ownership of Ulsan-gun out of the actual cultivation area of 384m2), among D, 5,828m2 (the whole area of the actual cultivation area), cultivated capital as agricultural crops without obtaining permission to occupy and use.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Written accusation of the head of Ulsan-gun;

1. Plans for measures following the report on illegal cultivation of agricultural plants in the water-source protection area, written statements of public officials, statement of business trips, and prohibited acts in the water-source protection area;

1. The management ledger of each public property, the ledger of State property, the full certificate of registered matters, and the register of cadastral surveying results;

1. Application of each statute on photographs;

1. Article 83 of the Water Supply and Waterworks Installation Act and Article 83 of the same Act concerning criminal facts;