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(영문) 창원지방법원 밀양지원 2016.11.17 2016고단441

하천법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency.

Nevertheless, the Defendant, without obtaining permission from the competent authorities on July 26, 2016, installed 60 square meters and two luminous rooms within the basin of the smuggling River, a national river located in Syang City B, and occupied land in the river area without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (Attachment to the same kind of case);

1. Subparagraph 5 of Article 95 of the River Act and Article 33 (1) 1 of the same Act concerning facts constituting an offense;

1. Selection of a selective fine for punishment (in cases where the accused has any record of being sentenced to a fine of one million won due to a violation of the River Act on February 18, 2016),

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;