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(영문) 수원지방법원 안산지원 2016.08.25 2016고단300
공유수면관리및매립에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No one shall occupy or use public waters, such as new construction of artificial structures on public waters without obtaining permission to occupy or use public waters;

Nevertheless, from April 2014 to April 2015, the Defendant buried land within 1,500 square meters of public waters owned by Ansan-si members of Ansan-si, without obtaining permission for occupation or use of public waters, and buried aggregate and buried aggregate and used it as a dry field, and installed six containers and used them as materials storage.

2. Where anyone receives an order to reinstate public waters by occupying or using such public waters without an occupancy or use permit, he/she shall implement such order.

Around May 4, 2015, the Defendant issued an order to reinstate the said Paragraph (1) by June 3, 2015, the Defendant failed to comply with it even though he/she received an order to reinstate the said Paragraph (1) from Ansan-si C, and from Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the request for accusation, accusation, written statement, official notice of order for restoration, and order for restoration;

1. Application of each of the visual Acts and subordinate statutes of photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 62 subparag. 2 and 8(1)1 (which newly constructs artificial structures without permission on public waters) of the Act on the Management and Reclamation of Public Waters, Articles 64 subparag. 3, 21(2), and 21(1) of the Act on the Management and Reclamation of Public Waters (which fails to comply with an order of reinstatement issued by the management agency of public waters), and choice of imprisonment, respectively;

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

1. According to the reasoning for sentencing under Article 62(1) of the Criminal Act, a sentence of imprisonment shall be imposed on the Defendant, taking into account the circumstances in which the area of the shared waters occupied by the Defendant without permission was wide and the Defendant did not comply with the order to reinstate the shared waters. However, the Defendant fulfilled his duty to restore considerable portion after the occurrence of the instant case, and is contrary to the instant crime.

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