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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates food service business called “C” in Scheon-si B.
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, from the end of July 2017 to July 18, 2019, the date of detection, the Defendant occupied the land in the river area (D) of Seocheon-si, B, and installed and operated three tent facilities (a total area of 195 square meters) and did not obtain permission to occupy and use the river in Seocheon-si, a river management agency.
Summary of Evidence
1. Defendant's legal statement;
1. A written confirmation of violation;
1. On-site detection photographs;
1. Application of Acts and subordinate statutes to investigation reports (in addition to investigation data, analysis, E status, and extraction of surveying services for the maintenance and maintenance of rivers), records of river maintenance and maintenance of ships, and records of building status;
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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant installed three tent facilities with a total area of 195 square meters in a river area for about two years and occupied a river, and the criminal liability of the Defendant is relatively relatively long, and the area of the river area occupied and used is a considerable size.
However, considering the favorable circumstances such as the Defendant’s acknowledgement of all the facts charged of this case, and reflects the Defendant’s mistake in depth, the Defendant appears to have discovered the crime of this case and immediately removed the facility, and the Defendant was sentenced to a fine of KRW 1,500,000 due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at around 192, and there was no other criminal record, it is deemed that the Defendant’s punishment of a summary order was excessive.
The age, occupation, character and conduct, environment, family relationship, circumstances of crime and circumstances after the crime are committed.