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(영문) 청주지방법원 영동지원 2018.11.29 2018고단141

하천법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Anyone who intends to occupy and use a river shall obtain permission for the occupation and use of the river management agency.

Nevertheless, on August 2017, the Defendant cut the land using a track in the area of 5,572 square meters, C, B, D, E, the river area of 12,400 square meters, F, G, H, and I, the river area of 21,600 square meters in the river area in the B, which is a state owned by the State, and occupied a total of 39,572 square meters in the river area of 8,572 square meters in the river area without permission from the river management agency, in a manner of cutting and cutting down the land on April 2018. < Amended by Act No. 1539, Apr. 3, 2018; Act No. 15724, Apr. 3, 2018>

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation reports, reports on results of each business trip, the location map and the site for photographs, certificates for all matters to be registered, and photographs of the status of establishment of guidance signs;

1. Relevant Article of the Act and Articles 95 subparagraph 5 and 33 (1) 1 of the River Act, the selection of punishment for a crime, and the selection of imprisonment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [unfavorable circumstances] The Defendant occupied a total of 39,572 square meters of river area in eight lots without permission from the river management office. The crime is not deemed to be inferior in light of the details and contents of the crime, the area of occupation and use, etc.

The defendant did not take measures to restore the original state.

[ favorable circumstances] The Defendant was committed by committing the instant crime, and the Defendant was committed by committing a mistake.

There is no history that the defendant has been punished by a fine heavier than that of a fine even before such punishment.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.