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(영문) 의정부지방법원 2017.06.15 2017고정153

공유수면관리및매립에관한법률위반

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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who occupies and uses a ditch of Gyeonggi-do, which is a co-owned waters, 73m2.

1. Any person who intends to violate the Act on the Management and Reclamation of Public Waters by occupation and use without permission shall obtain permission for occupation or use of public waters from the management agency of public waters;

Nevertheless, even though the permission to occupy and use the above public waters was revoked on May 9, 2007, the Defendant did not obtain a new permission from the management authority of the public waters, and installed a container 1 Dong (6 meters in length, 3 meters in width) on the square meter of Pyeongtaek-gun, Gyeonggi-do, from around that time to July 18, 2016, and occupied and used without permission.

2. No person obligated to reinstate public waters in violation of Acts on the management and reclamation of public waters following measures for reinstatement shall comply with an order to reinstate public waters management authorities;

Nevertheless, the Defendant received an order to reinstate from the head of the relevant Dong-gun, Gyeonggi-do from April 22, 2016 to July 15, 2016, to remove containers, which are structures installed on a 73 square meters of the Dong-gun, Gyeonggi-do, in total, four times, but failed to comply with such order without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of the execution of a hearing following the revocation of permission to occupy and use public waters, notification of the revocation of permission to occupy and use public waters, service of a written ruling on administrative appeal cases, and guidance to remove illegal structures on public waters (1 to 4 vehicles);

1. Land register;

1. The defendant asserts to the effect that he cannot continue to occupy and use the public waters or not comply with the order to reinstate the public waters without a new permit, since it is improper for the defendant to cancel on May 9, 2007 the permission to occupy and use the public waters in question on June 5, 2001 and January 2007.

However, according to each of the above evidence, the defendant's co-owned water surface of this case from D around January 2007.