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(영문) 인천지방법원 2017.07.14 2017고정1032
공유수면관리및매립에관한법률위반
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Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Any person who intends to reclaim public waters shall obtain a license to reclaim public waters from the Minister of Oceans and Fisheries, a Mayor/Do Governor, or a Special Self-Governing Province branch by specifying the purpose of reclamation, as prescribed by Presidential Decree.

Nevertheless, from October 22, 2016 to October 29, 2016, the Defendants conspired to obtain a license to reclaim public waters and buried approximately 660 square meters of public waters using heavy equipment in front of the Nam-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to report on investigation (report on the occurrence of reclamation of public waters and the measures taken, and field photographs);

1. The Defendants: Article 62 Subparag. 4 and Article 28 of the Act on the Management and Reclamation of Public Waters, Article 30 of the Criminal Act, and the choice of fines for negligence

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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