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(영문) 부산지방법원 2016.07.20 2016고정1719

공유수면관리및매립에관한법률위반

Text

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 operates a package package business in the name of "D" in the territory of the Busan Young-gu.

1. Any person who intends to occupy and use public waters without permission and install artificial structures on public waters shall obtain permission for occupancy or use from the relevant management agency;

Nevertheless, from January 28, 2015 to February 24, 2016, the Defendant, without permission for occupation or use from the public waters management authority, installed a hack pipe steel frame and a tent with a size of about 44m of the area of the 44m square meters of the public waters in front of the Busan Young-gu, Busan (one name C) in order to use it for packing tea.

2. On December 21, 2015, the Defendant failed to comply with an order to reinstate the same act as the preceding paragraph, issued by the Busan Regional Fisheries Office, which is the Public Waters Management Office, to implement an order to reinstate until February 24, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a person who violates the Act on the Management of Public Waters and Reclamation, the imposition of and direction on the change of the status of compensation due to occupation and use of public waters, the calculation of the changed status of compensation money, and the application of statutes on field

1. Article 62 Subparag. 2 of the relevant Act and Articles 62 Subparag. 2 and 8 Subparag. 1 of the Act on the Management and Reclamation of Public Waters (the occupation of occupying and using an unauthorized public water surface), Article 64 Subparag. 3 and Article 21(2) of the Act on the Management and Reclamation of Public Waters, the selection of fines for negligence;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;