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(영문) 의정부지방법원 2017.05.25 2017고정488
공유수면관리및매립에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant of "2017 High 488" is a person who has installed and occupied and used structures such as containers and dogs on the ditches of public waters.

A person who intends to occupy and use public waters shall obtain permission from an administrative agency having jurisdiction over the relevant public waters.

Nevertheless, the Defendant did not obtain permission from the Namyang City market, from around November 201, occupied and used the co-owned waters as a breeding ground. On November 18, 2016, the Defendant occupied and used the co-owned waters B, 194 square meters of the land category as a ditch until November 18, 2016, such as installing a container for residential purposes around November 201.

Defendant 2, “2017 High 490, the 2017 High 490, is the person who occupies the land located in the Namyang-si and the Bank of Korea, the State-owned land within the development restriction zone, and operates a dog.

No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, etc. in a zone subject to development restriction without permission from the Namyang market.

Nevertheless, on November 2014, the Defendant newly built a container of 28 square meters equivalent to the area of 28 square meters for a patrolman in the Seocho-ju market without permission.

Summary of Evidence

[2017 High 488]

1. Statement by the defendant in court;

1. A report on investigation, and a report on investigation of offenses;

1. On-site photographs (2017 Go fixed 490);

1. Statement by the defendant in court;

1. Investigation reports on illegal acts, registers of land, certificates of all registered matters, certificates of land use plans, and details of illegal acts in development-restricted zones;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article 62 Subparag. 2 of the relevant Act and Articles 62 Subparag. 2 and 8 Subparag. 1 (a) of the Act on the Management and Reclamation of Waters for Criminal Facts; Article 32 Subparag. 1 and 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones (a point of construction of an unauthorized building within the development restriction zone); and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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