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(영문) 의정부지방법원 2018.04.05 2018고정368
하천법위반등
Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to occupy and use land, occupy and use river facilities, construct, rebuild or alter a structure in a river area which violates the River Act shall obtain permission from the river management agency;

Nevertheless, on June 20, 2017, the Defendant newly built a container of 1 Dong, 1 Dong with a size of 18 square meters in size, 104 square meters in size, and 90 square meters in size, located in Pyeongtaek-gun B, a river area, without obtaining permission from the competent river management office, and occupied and used a river between around that time and October 26, 2017.

2. A person who intends to construct a building with a total floor area of less than 200 square meters and less than three floors in a controlled area, an agricultural and forest area, or a natural environment conservation area under the National Land Planning and Utilization Act shall file a report thereon with the competent authority;

Nevertheless, the Defendant did not report to the competent authority on June 20, 2017, and constructed a building at the place specified in paragraph 1 as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes on site photographs;

1. Subparagraph 5 of Article 95 of the River Act, Article 33 (1) 1 of the same Act (the occupation and use of land without permission), Article 95 subparagraph 5 of the River Act, and Article 33 (1) 3 of the same Act (the occupation of new construction of an unauthorized structure without permission) and Article 111 subparagraph 1 of the same Act concerning facts constituting an offense; and Article 14 of the Building Act (the occupation of unregistered construction);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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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