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(영문) 수원지방법원 여주지원 2018.02.12 2017고정392
공유수면관리및매립에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Act on the Management of Public Waters and Reclamation shall occupy or use public waters without obtaining an occupancy or use permit from the competent authorities;

Nevertheless, around May 2005, the Defendant buried about 19 square meters of a ditch, which is a co-owned water surface in B, at the time of inn, and occupied or used public water surface without permission by using three fume pipes for farming up to the present day after reclaiming three fume pipes in the same place on March 2016.

2. No person who violates the management of a mountainous district shall divert a mountainous district without obtaining permission from the head of the competent forest office or any other competent authority to divert the mountainous district;

Nevertheless, on November 2013, the Defendant, without obtaining permission from the competent authorities in Innju City, made a full use of a mountainous district of approximately 3,680 square meters in total, by reclaiming land adjacent to D, E, F, and G, which is farmland owned by the Defendant, without permission from the competent authorities, and making a full use of a dry field.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. An investigation report (Attachment, etc. of measured map of the place where the mountainous district is illegally damaged);

1. A plan on surveying land, such as a ledger of forests and fields, and plane plans surveying land unlawfully damaged and lost;

1. Application of photographs, such as damaged mountainous districts, and field photographs statutes;

1. Article 62 Subparag. 2 of the relevant Act and Articles 62 Subparag. 2 and 8(1)11 of the Act on the Management and Reclamation of Public Waters for Criminal Facts (the occupation and use of public waters without permission), Article 53 Subparag. 1 and the main sentence of Article 14(1) of the former Mountainous Districts Management Act (Amended by Act No. 14361, Dec. 2, 2016); and each selective fine for negligence;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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