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(영문) 의정부지방법원 2020.02.13 2019고단3851
관광진흥법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who intends to operate a camping business which is a tourist-use facility business of "2019 Highest 3851" shall register with the competent authority.

From October 13, 2018 to August 12, 2019, the Defendant installed a camping pool facility, including 10 camping tents, in the trade name of “C,” and operated a camping course by receiving user fees from tourists.

Where it is intended to occupy and use land, occupy and use river facilities, construct, remodel, alter, etc. any structure within the river area of "2019 Highest 4709", it shall obtain permission from the river management agency.

The Defendant operated a “D” restaurant from the day from June 201 to July 17, 2019 between the day from July 2010 to the day from July 17, 2019, and occupied and used the “D” restaurant site, which is a river area (E) without obtaining the aforementioned permission, 4 square meters in total of the size of 628 square meters and 3 commercial buildings.

Summary of Evidence

"2019 Highest 3851"

1. Defendant's legal statement;

1. A written accusation;

1. On-site photographs "2019 Highest 4709";

1. Defendant's legal statement;

1. On-site photographs, records of river maintenance plan, and building status records; and

1. Application of Acts and subordinate statutes to report the detection;

1. Relevant Articles 83 (2) and 4 (1) of the Tourism Promotion Act, Article 95 subparagraph 5 of the River Act, and Article 33 (1) 1 of the same Act concerning facts constituting an offense;

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

1. Determination of the same sentence as the disposition shall be made by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime:

Conditions disadvantageous: The circumstances that have the same kind of criminal records twice: The confession of the crime of this case and the fact that there is no significant criminal records other than the fine.

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