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(영문) 수원지방법원 안산지원 2016.05.17 2016고단559
공유수면관리및매립에관한법률위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for 8 months and a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who violates the Act on the Management and Reclamation of Public Waters shall obtain permission to occupy or use public waters from the management authority of public waters to cultivate plants on public waters;

Defendant

A, solely from around April 2008 to March 2015, from around December 2015 to around December 2015, A cultivated crops and occupied public waters without obtaining permission to occupy or use public waters from the competent authorities, in an area of 3,463 square meters in Ansan-si, an area of public waters jointly owned by Defendant B.

(b) A person who intends to construct a building without permission shall obtain permission from the competent authorities;

Defendant

A built a roof of asbestos slate in around 2012 and around 50 square meters without obtaining permission from the competent authorities, on the F branch line of Ansan-si in 2012.

2) For the construction of a container for the commencement of a non-reported temporary building or a temporary building built of any similar material to be used as a temporary warehouse or temporary accommodation, the construction must be commenced after reporting to the competent authorities.

Defendant

A on June 2015, on the basis of the F and F branch lines of Ansan-si, Sinsan-si, and F branch lines, built a container of approximately 13.85 square meters for each of the areas for temporary accommodation without reporting to the competent authorities.

2. A person who intends to cultivate plants on public waters shall obtain permission to occupy or use public waters from the managing authority of the public waters;

Defendant

B, from April 2015 to December 2015, 3,463 square meters of the F branch line in Ansan-si, the co-owned waters, the Defendant, jointly with the competent authority, cultivated crops and occupied public waters without obtaining permission for the occupation or use of the co-owned waters from the competent authority.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. An official letter of request for an investigation of the surface of water in an Ansan market without permission;

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