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(영문) 대전지방법원 서산지원 2020.04.29 2020고정2

공유수면관리및매립에관한법률위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner and owner of a building in B at the time of the truth.

1. A person who intends to newly construct, rebuild, extend, alter, or remove a wharf, a breakwater, a bridge, a floodgate, a building, or other artificial structure on public waters, shall obtain permission from the management agency of public waters for the occupancy or use of public waters, as prescribed by Presidential Decree, but the Defendant occupied and used public waters by using one house for de facto work installed on public waters in the above B from July 22, 2017 to March 25, 2019, without obtaining permission for the occupancy or use of public waters from the management agency of public waters.

2. Any person who occupies or uses public waters without an occupancy or use permit shall remove artificial structures, installations, earth and rocks or other things established on the relevant public waters and recover the relevant public waters, and where a person responsible for recovery fails to take measures, etc. for recovery, the management agency of public waters may order him/her to reinstate public waters within a fixed period;

The Defendant issued the first order to reinstate the same structure on October 11, 2018, and the second order to reinstate the same structure on or around November 28, 2018, respectively, even though he/she received the second order to reinstate the same structure, as described in paragraph (1), from the Jin market around September 17, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of the location map and on-site photograph statutes;

1. Article 62 Subparag. 2 of the relevant Act and Articles 62 and 8 (1) 1 of the Act on the Management and Reclamation of Public Waters (unauthorized occupation and use of public waters) on criminal facts, Article 64 Subparag. 3 and Article 21 (2) of the Public Waters Management and Reclamation Act, and each fine;