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(영문) 부산지방법원 2013.09.02 2013고정3164
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to occupy or use public waters shall obtain permission for occupancy or use from the management agency of public waters.

Nevertheless, the Defendant did not obtain permission for occupation and use of the head of Busan Regional Maritime Port Office, the management agency at the sea of the transmitting beach, from May 2009 to February 27, 2013, for the purpose of mooring motor boats owned by the Defendant on the sea in front of the wharf (Gu, Songdo fishing village fraternity) of the Songnam-dong, Busan, which is a public waters from May 2009 to February 27, 2013, and for the same year from February 20, 2013 to February 20, 2013.

3.5. Until May 1, 200, public waters of about 16.5 square meters were occupied and used without permission, such as the installation of a mooring yard of the same kind, the same size of which is about 16.5 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. A copy of each police statement concerning B and C;

1. Scenic photographs of the site;

1. A report on investigation;

1. Application of Acts and subordinate statutes concerning criminal records;

1. Article 62 subparagraph 2 of the Act on the Management and Reclamation of Public Waters and Articles 62 and 8 (1) of the Act on the Management of Criminal Records and the Selection of Fine for Negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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