Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who is engaged in fishery and works as a representative in Seocheon-gun B.
1. Where any person intends to excavate the bottom of public waters, he/she shall obtain permission for occupancy or use of public waters from the management agency of public waters under conditions prescribed by Presidential Decree;
Nevertheless, from 2014 to November 4, 2015, the Defendant excavated and occupied the sea floor area of 1,591 square meters in front of the Chungcheongnam-gun, Chungcheongnam-gun, without permission from the competent authorities.
2. Around January 21, 2015, the Defendant issued an order to reinstate damaged matters, such as pooling and collecting facilities, by not later than May 31, 2015, pursuant to the act of excavating public waters specified in paragraph (1), by not later than the date of May 31, 2015, and issued an order to reinstate the said damaged matters by the Seocheon-gun Office by not later than August 31, 2015, even though he/she received an order from the Seocheon-gun Office to reinstate the said damaged matters until August 31, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Documents pertaining to accusation;
1. Investigation report (report on criminal suspect A-related telephone details);
1. Public water surface explanatory note;
1. Application of Acts and subordinate statutes on land survey data of the E-general mining area employed in Seocheon-gun D;
1. Article 62 subparagraph 2 of the relevant Act on Criminal facts, Article 62 subparagraph 2 of the Act on the Management and Reclamation of Public Waters elective for Punishment and Article 8 (1) of the Act on the Management of Public Waters, Article 64 subparagraph 3 of the Act on the Management and Reclamation of Public Waters, and Article 21 (2) of the Act on the Management of Public Waters and Reclamation, and Selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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;