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(영문) 창원지방법원 통영지원 2018.03.12 2017고정443
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in a fishery and was the leader of B fishing village at the time of running a fishery business.

Any person who intends to newly construct, rebuild, extend or remove a wharf, a breakwater, a bridge, a floodgate, a building or other artificial structure on a public water surface shall obtain permission to occupy or use the public water surface from the management authority of the public water surface, as prescribed by Presidential Decree.

그럼에도 불구하고, 2016. 1. 일자 불상 경 통영시 B의 공유 수면을 관리하는 통영시장으로부터 공유 수면의 점용 또는 사용허가를 받지 아니하고 바닥면적 4 미터, 높이 5 미터의 에이치 빔 첼제로 인공 구조물( 해상 크레인) 을 신축하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Photographs photographs installed at sea caters;

1. Application of Acts and subordinate statutes to report on investigation (to reply to data on public waters and attach such data);

1. Article 62 of the Act on the Management and Reclamation of Waters for Criminal Facts and Articles 62 subparagraph 2 and 8 (1) of the Act on the Management of and Reclamation of Aggregated Waters;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant appears to have caused the instant crime for the benefit of the members of the fishing village upon the request of the members of the fishing village as the leader of the fishing village, and there are circumstances that may be considered in light of the circumstances.

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