beta
(영문) 수원지방법원 2017.07.05 2017고정341

공유수면관리및매립에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

From around 2014 to December 12, 2016, the Defendant occupied and used public waters, such as raising approximately 400 mags, without obtaining permission from the agency in charge of managing public waters, within the co-owned waters equivalent to the area of 800 square meters near Masung City, the Defendant occupied and used public waters.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A written accusation, a guidance, and an accusation;

1. The application of statutes to the current status of illegal occupancy and use, field photographs, and current status of illegal occupancy and use of public waters;

1. Article 62 of the Act on the Management and Reclamation of Waters for Criminal Facts and Articles 62 subparagraph 2 and 8 (1) 11 of the Act on the Management of and Reclamation of Waters for which Punishment is electively Shared (Selection of penalty);

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant occupied or used the public waters without permission, and the nature and the circumstances of the crime are not somewhat weak in light of the period and area of occupation or use.

However, considering the fact that the defendant has no previous convictions in the same way, and there are some circumstances to consider the background leading up to occupying the public waters, and that the defendant appeals against the defendant at the Korea Rural Community Corporation, the complainant who is implementing the development project in the public waters of this case, the Minister of Land, Infrastructure and Transport shall partially reduce the amount of the fine prescribed in the summary order, and shall determine the punishment as ordered.