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(영문) 의정부지방법원 2020.05.07 2019고정1690

하천법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual general restaurant in B, “C,” at the two weeks of the game.

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the river management agency from June 2019 to July 18, 2019, installed 32 square meters of total size of 102 square meters in the river area (local river D) of the Gyeonggi-si, Yangju-si, B, and occupied and used the river.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation, application of Acts and subordinate statutes governing site photographs;

1. Article 95 of the relevant Act concerning criminal facts, subparagraph 5 of Article 95 of the River Act that selects punishment, and Article 33 (1) 1 of the same Act and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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