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(영문) 대전지방법원 서산지원 2015.06.11 2015고정20
농어촌도로정비법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. No person who violates the Rearrangement of Agricultural and Fishing Villages shall perform any act impeding the original purpose or use of agricultural infrastructure by destroying major structural parts thereof;

Nevertheless, from around 1996, the Defendant filled up and damaged 15 tons of soil of 15 tons of truck at the above pool to be used for camping and parking lots in order to use it for the purpose other than the purpose of agricultural production infrastructure for the purpose of “the gathering of fish seeds and seedlings, the gathering of fish, and the gathering of fish,” from Taean-gun, Chungcheongnam-gun, Chungcheongnam-gun, 1996, with a size of 400 square meters (25 meters in length and 16 meters in length).

2. Where it is intended to perform an act of creating any submerged land physically possible for land creation in violation of the Public Waters Management and Reclamation Act as land, it shall obtain an occupancy or use permit of public waters;

Nevertheless, the Defendant illegally occupied and used public waters of approximately 63.5 square meters in total by piling up the area of approximately 13.5 square meters in width ( approximately 27 meters in length, approximately 0.5 meters in width, and about 1.8 meters in height) without obtaining permission for occupation and use of public waters around June 2013, when the land came into death due to the influence of the rain rain, rain rain, and waves around August 2012, the Defendant occupied and used public waters of about 63.5 square meters in total by illegally storing and strengthening the area of about 13.5 square meters in width ( around 27 meters in width, about 0.8 meters in height).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Investigation report (with regard to confirmation of details of registration entered in public registers, such as land cadastre of a case);

1. The application of 7 copies of documentary evidence photographs, 2 copies of satellite photographs in the vicinity of Chungcheongnam-gun G, Chungcheongnam-gun, Chungcheongnam-gun, 24 copies of documentary evidence photographs, 36 copies of documentary evidence photographs; and

1. Relevant Article 130(1)1 and Article 18(3)1 of the Rearrangement of Agricultural and Fishing Villages Act (amended by Act No. 12811, Oct. 15, 2014), management of public waters, and reclamation of agricultural production infrastructure.

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