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(영문) 광주지방법원 목포지원 2015.02.12 2014고정575
공유수면관리및매립에관한법률위반
Text

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

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

Reasons

Punishment of the crime

On November 27, 2014, the Defendant was sentenced to two years of suspension of the execution of the Defendant’s imprisonment with prison labor for embezzlement for eight months in the Gwangju District Court Branch on the crime of embezzlement, and the judgment became final and conclusive on December 5, 2014.

From May 2009, the defendant is working as the president of the Sea Force in Korea.

Any person who intends to occupy or use public waters shall obtain permission for occupancy or use of public waters from the management agency of public waters, as prescribed by Presidential Decree.

Nevertheless, the Defendant, on June 6, 2014, at the sea of 300 meters prior to Sejong City, without obtaining permission for the occupation or use of public waters from the head of the Mana Regional Maritime Port Office, the management agency of public waters, he/she anchored a bridge manufactured for the purpose of using it as a marine education office and a ship landing facility to educate juveniles subject to rescue, sinkinscoos, small vessel operation, yacht sailing, etc., and occupied public waters until September 6, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. On-site photographs, location drawings, and documentary evidence photographs;

1. Previous Records: Defendant’s legal statement and criminal records, etc. inquiry inquiry report (A), disposal failure and confirmation report (the Defendant’s defense counsel asserts to the effect that Defendant’s act does not constitute an occupation and use of public waters. In light of the structure and form of the bareboat line recognized by the evidence above, the purpose of the use of the bareboat line, the period of mooring the bareboat line, etc., the Defendant’s act constitutes an occupation and use of public waters, and thus, the defense counsel’

1. Article 62 of the relevant Act on Criminal facts and Articles 62 subparagraph 2 and 8 (1) of the Act on the Management and Reclamation of Public Waters elective for Punishment of Specific Crimes;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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