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(영문) 울산지방법원 2018.05.23 2018고정359

하천법위반

Text

Defendant shall be punished by a fine of 2.5 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 in a river area without permission shall obtain permission from the competent river management agency;

Nevertheless, the Defendant occupied the land in the river area without the permission of the river management agency without permission of the river management agency, by having two tables and eight chairs using the twitter cargo in Yangsan City B on a total of four occasions on November 18, 2017. < Amended by Presidential Decree No. 28440, Aug. 20, 2017; Presidential Decree No. 28279, Aug. 26, 2017; Presidential Decree No. 28257, Nov. 5, 2017; Presidential Decree No. 28448, Nov. 18, 2017>

2. Where a river management authority violates an order issued under the River Act or a disposition taken thereunder, as stated in one of the following subparagraphs, it may revoke or alter permission or approval granted under this Act, suspend its validity, suspend works or other acts, order a disposition to reconstruct, alter, relocate or remove a structure or object, or take other necessary measures:

On November 6, 2017, the Defendant violated the above order of the river management agency by failing to comply with the order to restore the river management agency’s violation at the place specified in the preceding paragraph, such as the former paragraph (i.e., the order to restore the river management agency’s violation (i.e., the order to restore the river management agency until November 17, 2017).

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of the Acts and subordinate statutes on the written accusation;

1. As to the facts constituting an offense, the Defendant alleged that he/she was not subject to an order to reinstate the river (the violation of a river management authority’s order) under Article 95 Subparag. 5, Article 33(1)1 of the River Act (the occupation and use of a river), Article 95 Subparag. 10, and Article 69(1)1 of the River Act (the violation of a river management authority’s order), on the grounds that he/she received an order to reinstate. However, according to the police interrogation protocol and the written accusation against the Defendant, according to the police suspect interrogation protocol and the written accusation against the Defendant, he/she received an order to relocate the Defendant to a large number of unspecified persons until November 19, 2017 in the masssan market (the purport of the Defendant’s order to move to a large number of unspecified persons and restore to its original state until November 17, 2017).