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(영문) 수원지방법원 안산지원 2017.04.12 2017고단4
공유수면관리및매립에관한법률위반
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 operates the "C" on the co-owned waters of the branch line in Ansan-si.

Any person who intends to newly construct, rebuild, extend or alter a building on public waters or to remove a building therefor shall obtain permission for occupancy or use from the competent authority.

Nevertheless, without obtaining permission from the competent authority on February 14, 2015, from October 24, 2016, the Defendant installed a temporary building 1-dong (149 m2), water satisfaction pipes, containers, breast-styles, rain stuffs, and other fixtures on the public waters owned by the said branch office, and used them as “C” restaurant.

As such, even if the Defendant was directly served on November 24, 2015 on a temporary building from Ansan-si, the management office of which issued the order to reinstate on November 20, 2015, the Defendant did not implement the order to reinstate by October 24, 2016 without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written statement, or a statement of business trip;

1. An order for reinstatement or an order for occupation and use of illegal facilities on public waters without permission;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 62 of the Act on the Management and Reclamation of Public Waters and Articles 62 subparag. 2 and 8(1) (the illegal use of public waters) concerning criminal facts, Article 64 subparag. 3, Article 21(2) and (1) (the non-performance of reinstatement) of the Act on the Management and Reclamation of Public Waters, and the choice of fines, respectively;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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