소하천정비법위반
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
A person who intends to occupy and use land in a small river, etc. or to construct, rebuild, alter, remove, etc. a small river facility shall obtain permission from the management authority as prescribed by Ordinance of the Ministry of Public Administration and Security.
Nevertheless, from March 2010 to February 2018, the Defendant occupied a small river facility without the permission of the management office in 5 lots of Seosan-si, Seosan-si, a small river area, by installing a steel gate (1.4m x 1.2m), by creating an individual garden (A = 55mm m2), by installing an individual septic tank, by installing an individual septic tank facility, and by piling up a tree 2glus, and by piling up a dry material.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. A written accusation;
1. Application of the current status of occupation and use of unspecified offenses and statutes on site photographs;
1. Relevant legal provisions and Articles 27 subparagraph 3 and 14 (1) 3 of the Act on the Maintenance of Small Rivers and the Selection of fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. "Cases prescribed by Presidential Decree" in the proviso to Article 14 (1) of the Enforcement Decree of the Act, with the exception of its subparagraphs, means any of the following cases, in which the alleged defendant purchases the right to occupy and use a river on or around the land for a small river in 1956, and the defendant has the right to lawfully occupy and use the river, and in cases of the defendant, "cases prescribed by Presidential Decree" in the proviso to Article 11 (11) of the Enforcement Decree of the Act (the scope of occupation and use exempt from the permission):
1. Where relics and land are customarily occupied and used for farming purposes, or small river facilities or other artificial structures are temporarily installed;
2. Cases where permission is not required for residents to temporarily occupy and use flowing water and land and small river facilities in connection with their daily lives;
2. Determination
A. The defendant purchased the river occupation right.