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(영문) 의정부지방법원 2018.12.19 2018고정1526
하천법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, who operates the general food of "C" in the Yangju City B, intends to occupy and use land in a river area, occupy and use river facilities, and construct, rebuild or alter structures in a river area, shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, around June 8, 2018, the Defendant installed 1.8 p.m. D and E river (F) in Yangju-si in front of the above restaurant; 1.8m. in width; 1.8m. in width; 1.8m. in height; and 50m high; installed 10 p.m. in height of the steel agents; installed 1.5 p.m. in height of the width at the same place; installed 1.5 p.m. in height of the metal stairs in front of the above restaurant; fixed 8m. with the upper 1.8m.; and then attached 8m. of the river with the upper 5m size;

8. Until October 20, customers occupied the site within the river area without permission by using it as a place of business where food can be consumed.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the written accusation, written statement, and illegal current status photograph Acts and subordinate statutes;

1. Article 95 of the relevant Act and subparagraph 5 of Article 95 of the River Act that selects criminal facts and Articles 33 (1) of the same Act (Selection of a punishment penalty);

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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