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(영문) 대구지방법원 포항지원 2016.06.29 2016고정180
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall occupy or use public waters without obtaining permission for occupancy or use of public waters from the management authority of public waters.

Nevertheless, from around 2012 to February 2016, the Defendant illegally occupied and used the above shared waters by installing an external fence without the occupancy and use permit on the public waters (area: 199.5 cubic meters) located in Northern-gu C at the port from around 2012 to around 2016, such as cultivating vegetables while loading two containers and live fish bars inside the inside.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for accusation against occupation and use of public waters without permission;

1. Application of field photographs, certified copies of cadastral records, and statutes;

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 Waters for which Punishment is electively Shared, and Selection of a fine;

1. Articles 70 and 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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