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(영문) 부산지방법원 서부지원 2018.08.10 2018고정173

하천법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

Nevertheless, on August 29, 2017, the Defendant occupied and used 487 square meters of the above land without obtaining permission from the Gangseo-gu Office, a river management agency, in order to raise 30 marinas within the river area located in Gangseo-gu Busan Metropolitan City, Gangseo-gu.

2. Any person who intends to install a structure in a zone subject to development restriction in violation of the Act on Special Measures for the Designation and Management of Areas subject to development restriction shall obtain permission from the competent authorities;

Nevertheless, in 2014, the Defendant installed a structure and a shed to raise 30 marinas without obtaining permission from the Gangseo-gu Office, the competent administrative agency, in a development restriction zone located in Gangseo-gu Busan Metropolitan City, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs and certificates of full registered matters;

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. to airlines);

1. Relevant Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, and Article 32 Subparag. 1 of the same Act and the proviso to Article 12(1) (a) of the Act on Special Measures for the Establishment of Unauthorized Structures), Article 95 Subparag. 5 of the River Act and Article 33(1)1 of the same Act (a point of occupation of an unauthorized river) and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the suspended sentence (see, e., Supreme Court Decisions 201Do1148, Apr. 1, 201; 201Do134, Apr. 2, 201