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(영문) 울산지방법원 2013.5.27.선고 2013고정278 판결

하천법위반

Cases

2013 High Court Order 278 Violation of the River Act

Defendant

A person shall be appointed.

Prosecutor

No. 540, Dec. 1, 201

Imposition of Judgment

May 27, 2013

Text

Defendant shall be punished by a fine of KRW 1,00,00.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

Facts of crime

A person who intends to occupy and use land or to newly construct, rebuild, or alter a structure in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining the aforementioned permission from January 25, 2010, newly built and used a composite and tent building (area: 68.0m.) for the purpose of keeping fishing gear, etc. necessary for fishing and fishing in the river basin of the Tae River basin of Taecheon-dong, Ulsan-do, a national river extending from around 187-3 to 187-24, which is a national river, for the purpose of fishing and fishing gear, etc. within the river basin of the Taecheon River basin, which is a national river. Accordingly, the Defendant occupied and used the land within the said river area from around that time to July 2, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement under B;

1. A written accusation (including accompanying documents);

1. Current status of illegal facilities;

1. Each letter of accounts;

1. The current status of facilities without permission for the downstream of the Taecheon River;

Application of Statutes

1. Relevant Articles of criminal facts;

Subparagraph 5 of Article 95 and Article 33(1)1 of the River Act (the point of unauthorized occupation of land), Article 95 Subparag. 5 of the River Act, and Article 33(1)3 (the point of construction of unauthorized structures) of the River Act, and the selection of each fine.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges

Judges Cho Jae-han