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(영문) 의정부지방법원 2020.04.23 2019고정1771
하천법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual general restaurant with the name of “C” in Sacheon-si B.

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the river management agency from July 201 to July 17, 2019, installed 7-dong facilities with a total size of 333 square meters in the river area (local river D) of Seocheon-si B in the river area (local river D), and occupied and used a river by installing 1-dong facilities with a total size of 333 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of violation;

1. On-site detection photographs;

1. Application of Acts and subordinate statutes to investigation reports (in addition to investigation data, analysis, D status, and extraction of surveying services for the maintenance and maintenance of rivers), records of river maintenance and maintenance of ships, and records of building status;

1. Article 95 of the relevant Act concerning criminal facts, subparagraph 5 of Article 95 of the River Act that selects punishment, and Article 33 (1) 1 of the same Act and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include: (a) the Defendant recognized the facts charged in the instant case; and (b) the Defendant appears to have removed the instant facilities; and (c) the Defendant was sentenced to a fine of KRW 500,000 due to a violation of the Punishment of Violences, etc. Act around 200, without any other criminal record, that there was no

However, considering that the instant crime was committed by the Defendant by installing a prefabricated facility of a total size of 333 square meters in a river area for about eight years, and that the Defendant occupied and used a river for a long time and the area of the river area occupied and used for a considerable size, it is deemed that the Defendant’s punishment for a summary order is not excessive.

The defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, and the same or similar case.

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