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(영문) 의정부지방법원 2020.06.18 2019고정1770
하천법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual general restaurant with the trade name “C” in Gyeonggi-si.

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the river management agency from March 5, 2013 to July 18, 2019, installed eight or more temporary buildings, such as a square meter of total size of 352 square meters, in the river area (local rivers E) of Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, and occupied the river.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the detection, and field photographs;

1. Statement of river maintenance plan and building status report;

1. Application of Acts and subordinate statutes governing business reporting certificates;

1. Article 95 of the relevant Act concerning criminal facts, subparagraph 5 of Article 95 of the River Act that selects punishment, and Article 33 (1) 1 of the same Act and the selection of fines;

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

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant's recognition of the crime of this case is against the defendant, the primary offender, the removal of the building, etc., and thus the restoration to the original state is completed: It is more important to commit the crime in light of the fact that the area occupied by the defendant is not substantial and the period is shorter.

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