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(영문) 광주지방법원 2018.10.25 2018고정864

하천법위반

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

Anyone who intends to engage in any act falling under the new construction, reconstruction or alteration of a structure in a river area shall obtain permission from the competent river management agency, as prescribed by Presidential Decree.

Nevertheless, on August 2013, the Defendant, without obtaining permission from the competent authorities, installed the 100.5 square meters assembly-type 1 Dong (14.7m x 5m) of structures and 1 Dong (9m x 3m) of containers in order to use it as a rest area in the Vietnam War in Gwangju Mine-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Notification of the imposition of relevant photographs, changed prize, advance notification of the prize for each change, order for restoration of each original state, location map, and application of Acts and subordinate statutes on land registration, and photography site;

1. Subparagraph 5 of Article 95 of the River Act and Article 33 (1) 3 of the same Act concerning facts constituting a crime;

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

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, including the fact that the defendant in the sentencing of Article 334(1) of the Criminal Procedure Act had a record of having been sentenced to a fine already for a similar crime, and that the structure of the violation of this case is not deemed to have been built for profit, shall be determined as ordered