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(영문) 수원지방법원 안산지원 2017.01.25 2017고정40
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Management and Reclamation of Public Waters;

(a) A person who intends to occupy and use public waters shall obtain permission to occupy or use public waters from the management agency of such public waters;

Nevertheless, from December 1, 2014 to October 25, 2016, the Defendant continued to occupy and use public waters without obtaining permission to occupy and use public waters from the management authority of public waters without obtaining permission to occupy and use public waters, while operating a temporary building Category C frequency within the public waters owned by Ansan-si, Ansan-si.

(b) Any person who occupies or uses public waters without obtaining an occupancy or use permit or consultation or approval for the occupancy or use of public waters shall remove artificial structures, installations, soil, stones and other things installed on the relevant public waters and reinstate the relevant public waters;

Nevertheless, on November 20, 2015, the Defendant failed to comply with an order to reinstate within a fixed period of time, even though he/she was notified of the restoration (voluntary removal) on December 19, 2015 by occupying public waters, as described in paragraph (1), from Ansan-si, the authority to manage public waters around November 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written accusation;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the reinstatement order;

1. Article 62 subparagraph 2 of the Act on the Management and Reclamation of Public Waters (the occupation of public waters without permission), Article 8 (1) (the occupation of public waters), Article 64 subparagraph 3 and Article 21 (2) (the occupation of non-compliance with an order for reinstatement) of the Act on the Management and Reclamation of Public Waters, and the selection of fines for each crime;

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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