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(영문) 창원지방법원 밀양지원 2016.11.17 2016고단429

하천법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

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 31, 2016, installed 45 square meters in the size of 800 square meters in the central river located in Mayang-si B, the local river located in Mayang-si B, and occupied land in the river area by installing 45 square meters and one luminous bomb in the 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 a selective fine for punishment (in consideration of the fact that the defendant has been sentenced to a fine of 1.5 million won for a violation of the River Act in 2014);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;