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(영문) 창원지방법원 밀양지원 2017.01.05 2016고단526
하천법위반
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

A person who intends to occupy and use land in a river area shall obtain permission from the river management agency.

Nevertheless, on July 30, 2016, the Defendant, without obtaining permission from the competent administrative agency, installed five square meters in the area of D, which is a local river located in Seoyang-si, a local river located in Seoyang-si, and occupied and used land in the river area.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to the same paper case);

1. Subparagraph 5 of Article 95 of the River Act and Article 33 (1) 1 of the same Act concerning facts constituting a crime;

1. Selection of a selective fine for punishment (in consideration of the fact that the defendant has been sentenced to a fine of KRW 700,000 for a violation of the River Act on December 28, 2015);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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