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(영문) 창원지방법원 밀양지원 2016.11.10 2016고단397
하천법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. A person who intends to occupy and use a river violating the River Act shall obtain permission from the competent authority, but on July 28, 2016, the Defendant occupied and used approximately 150 square meters of land by installing four square meters of land, four steel scrap bars, and water supply facilities, without obtaining permission from the competent authority.

2. Although the State property in violation of the State Property Act is not permitted by the competent authority for use and profit-making, the Defendant used and profit-making on the land in a river area of approximately 150 square meters of the State property in the same manner as the date and place indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning resident inquiry and criminal records;

1. The occupation and use of a river without permission for the relevant legal provisions concerning criminal facts: The occupation and use of State property and the occupation of profits therefrom without permission under subparagraph 5 of Article 95 and Article 33 (1) of the River Act: Article 82 and Article 7 (1) of the State Property Act;

1. Selection of each selective fine for punishment (the first offender and the fact that no data on reinstatement has been submitted);

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;

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