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(영문) 춘천지방법원 2019.02.19 2018고단1161
하천법위반등
Text

A defendant shall be punished by imprisonment for four 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

1. Any person who intends to occupy and use land in a river area violating the River Act shall obtain permission from the river management agency, and the river management agency shall, if any, order to reconstruct, alter, relocate or remove any structure or articles in violation of such order, or take other necessary measures;

From June 2017 to June 2017, the Defendant installed two containers to operate a camping site in the C river site located in Hongcheon-gun, Hongcheon-gun. The head of Hongcheon-Gun ordered the Defendant to restore the said land to the original state twice from June 20, 2018 to July 16, 2018, but the Defendant breached the order of the river management agency by failing to perform the order.

2. Any person who intends to occupy and use land in a small river, etc. in violation of the Small River Maintenance Act shall obtain permission from the managing authority, and the managing authority may, if he/she violates such permission, relocate or remove the relevant artificial structures or other things or order other necessary measures;

From June 27, 2017 to June 27, 2017, the Defendant installed one plastic house and occupied a container to use it as a warehouse in the said small river site from June 27, 2017, for the purpose of residing in the E-small river site located in Hongcheon-gun, Gangwon-do. The Hongcheon-gun ordered the Defendant to restore the land to the original state twice from June 20, 2018 to July 16, 2018, but the Defendant violated the management authority’s order by failing to comply therewith.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to the accusation site, location map and cadastral map, each business trip name, each order for restoration, each land use plan confirmation, land cadastre, and certified copy of register;

1. A violation of the Tourism Promotion Act, a violation of the relevant Article on criminal facts, Article 95 subparag. 10 and Article 69(1) of the River Act, Article 27 subparag. 4 and Article 17 subparag. 4 of the Small River Maintenance Act, and Article 17 subparag. 4 of the Small River Maintenance Act, and a violation of the Small River Maintenance Act, in relation to the operation of a camping site;

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