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(영문) 수원지방법원 안산지원 2016.09.29 2016고정981
공유수면관리및매립에관한법률위반
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

Any person who intends to occupy or use public waters shall obtain permission for occupancy or use from the management agency of public waters.

1. The Defendant occupied and used public waters without permission from April 30, 2015 to June 29, 2016 by piling up things, such as dogs, boats, waste materials, etc., on the public waters of not less than 840 square meters in front of the members of Ansan-si, Ansan-si, without permission from the competent authority.

2. The Defendant, who failed to comply with an order to reinstate, was issued a written order to reinstate the public waters under the foregoing paragraph (1) from the Defendant’s house located in Ansan-si, Ansan-si to January 28, 2016 for the same reason as the foregoing paragraph (1) on December 30, 2015, but did not comply with the said order without justifiable grounds until June 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry into an accusation book, an order for reinstatement due to unauthorized occupation and use of public waters, fishery harbor facilities, and possession of public waters, and notification of the offender;

1. Application of each video statute of the exposed photograph;

1. Relevant legal provisions concerning facts constituting an offense, and Article 62 subparagraph 2 of the Act on the Management of Public Waters and Reclamation of Public Waters, and the main sentence of Article 8 (1) (the occupation of public waters without permission of the competent authority, the occupation of public waters, Articles 64 subparagraph 3, 21 (2), 21 (1) and 1 (the non-performance of an order to reinstate issued by the competent authority) of the Act on the Management of Public Waters and Reclamation, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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