Cases
2013 pursuant to the Public Waters Management and Reclamation Act, 1080
Defendant
A person shall be appointed.
A person shall be appointed.
Prosecutor
-
Defense Counsel
-
Imposition of Judgment
November 28, 2013
Text
1. The Defendants shall be punished by a fine of three million won.
2. Where Defendant A fails to pay the above fine, Defendant A shall be confined in a workhouse for the period calculated by converting KRW 50,000 into one day.
3. To order the Defendants to pay an amount equivalent to the above fines.
Reasons
Facts of crime
Defendant A is a person who works as the team leader of the election team that operates the Jinhae-gu Loading-gu Loading-do Loading-do Loading-do Ship at Defendant B, and Defendant B is a corporation that owns the cloak-gu ship and operates the ship manufacturing business.
A person who intends to occupy and use public waters shall obtain permission for the occupancy or use of public waters from the Ri of the public waters hall, as prescribed by Presidential Decree.
1. Defendant A
Nevertheless, on January 13, 2013: at around 00, the Defendant, at approximately 50 meters, flusium flusium flusium (353M in length, 66M in width) to flusium LNG vessels on public waters of about 500 meters in the same bank.
B established and operated on January 19, 2013: 08:00, public waters were occupied and used without permission, such as summer-si, Changwon-si, the management agency of public waters.
2. Defendant B
A, who is an employee of the defendant, has committed the same act as that of the defendant in connection with his duties.
Summary of Evidence
1. The suspect interrogation protocol of the defendant A by the police;
1. The police statement of the defendant B;
1. Response to a request for cooperation in investigation affairs;
1. Unauthorized point of public water surface; Domination photo of the site in violation of the Act (three copies);
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 62 Subparag. 2 of the Public Waters Management and Reclamation Act and Article 8(1)11 of the same Act (Selection of Fines)
(b) Defendant B: Articles 65, 62 Subparag. 2, and 8(1)11 of the Public Waters Management and Reclamation Act
2. Detention in a workhouse;
Defendant A: Articles 70 and 69(2) of the Criminal Act
3. Order of provisional payment; and
It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.
Judges
Judges Kim Jong-hoon