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(영문) 의정부지방법원 2015.09.03 2014고정2730
하천법위반
Text

1. The defendant shall be punished by a fine of 700,000 won;

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

Reasons

Punishment of the crime

A person who intends to use river water for the purpose of living, industry, agriculture, environment improvement, power generation, transportation, etc. shall obtain permission from the Minister of Land, Infrastructure and Transport.

Nevertheless, around May 2014, the Defendant brought water from a water tank to a water tank of the Defendant without obtaining permission from the Minister of Land, Infrastructure and Transport in front of the final sewage treatment plant on the south city, which is an area for which permission for water intake was not obtained, and used by the Defendant.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Application of statutes on permits for using river water;

1. Relevant Article 95 subparagraph 9 of the River Act and Article 50 (1) of the same Act concerning facts constituting an offense.

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. As to the portion of not guilty portion of Article 186 (1) of the Criminal Procedure Act which is not guilty portion of the charges in this case, the health room and the statement of the police interrogation protocol of the defendant cannot be used as evidence unless the defendant denies the contents in this court, and there is no other evidence to prove it otherwise.

(C) The investigative agency or this court stated that the quantity of river water has not been stated or that it was false. Thus, this part of the facts charged constitutes a case where there is no proof of a crime, and thus, the acquittal should be pronounced pursuant to the latter part of Article 325 of the Criminal Procedure Act, but as long as it is found that the facts constituting a crime containing this part are guilty, the sentence

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