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(영문) 대구지방법원 2020.06.25 2020고정449

하천법위반

Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to occupy and use land or build new structures in a river area shall obtain permission from the river management agency;

Nevertheless, on September 15, 2019, the Defendant installed a tent and illegally occupied the area of 1,145 square meters in a 59-dong (5X5 26 dong, 305 dong, 303 dong), without obtaining permission from the river management agency, to perform funeral services by installing a tent for the “Epics” period in the Da Man river area located in Yongcheon-si B.

2. As described in paragraph 1, the Defendant was ordered to restore the site to its original state from the Youngcheon City on September 17, 2019 to September 19, 2019, but failed to comply with the first order. The Defendant was ordered to restore the site to its original state by September 22, 2019, but did not comply with the order to take measures in the Youngcheon City market.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police interrogation protocol to F of the notification of the restoration to the original state due to unauthorized occupation and use of each river site, investigation report (related to the F telephone call of a suspect) statute;

1. Relevant Articles 95 and 95 subparagraph 5 of the River Act, Articles 33 (1) 3 (the occupation and use of a river without obtaining permission), 95 subparagraph 10 of the same Article, and 69 (1) 1 of the River Act (the occupation and use of a river without obtaining permission), the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;