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(영문) 울산지방법원 2018.06.29 2018고정122

하천법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to occupy and use land, excavate, fill up, or alter the form and quality of land in a river area shall obtain permission from the river management agency, as determined by the President.

Nevertheless, from August 20, 2017 to December 29, 2017, the Defendant occupied and used the above land by putting it up on the scale of approximately 9.6m in length and approximately 3.6m in width, and changing the form and quality of the land at a size of approximately 12m in length and approximately 3.3m in width.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to accusations, location maps and photographs, land use planning confirmations, and land register (a defendant asserts that he/she was merely engaged in scrafing by using existing roads, but evidence submitted reveals that the defendant created a path by scrafing by using scrafs)

1. Relevant Article of the Act and subparagraph 5 of Article 95 and Article 33 (1) 1 of the River Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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;