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(영문) 대전지방법원 2018.01.11 2017고정1550

하천법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 27, 2016, the Defendant was sentenced to two-year imprisonment for a crime of fraud at the Daejeon District Court, and the judgment became final and conclusive on May 5, 2016. On June 16, 2016, the Defendant was sentenced to seven-month imprisonment for a crime of fraud at the same court and the judgment became final and conclusive on June 24, 2016.

On May 10, 2015, the Defendant, without obtaining permission from the Cheongju-Gun Office, installed 3 places of container stores (i.e., 3 x 6 x 6 x 6 x 6 x 6 x 6 x 6 x 6 x 8 places of wood tent (i.e., 5 x 6 x 6 x 6 x 5 x 6 x 8 places of trees), and occupied land within the river area without obtaining permission from the Yju-Gun Office in the neighboring area of the river (D) located in the area of the Yju-Gun adjacent to the Yju-Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, accusation, or additional accusation against a person who violates the River Act;

1. A written statement;

1. Location map and on-site photographs;

1. Each investigation report, investigation results report, G ground lease contract, C Camping operation right contract;

1. The application of Acts and subordinate statutes to inquire about criminal history, minor records and reports on criminal records;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is difficult to reduce a fine for a summary order, since there are many favorable criminal records, such as fraud, and illegal occupancy facilities are diversely illegal, it is difficult to acknowledge a mistake in the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.