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(영문) 수원지방법원 성남지원 2016.03.28 2015고정1425
하천법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person operating a general restaurant in the name of “D” in Gwangju City C.

Any person who intends to occupy and use land, to newly construct, rebuild or alter a structure, to change the form and quality of land in a river area shall obtain permission from the competent administrative agency.

Nevertheless, on April 2015, the Defendant, without obtaining permission from the competent administrative authority, installed a malle, etc. on the 63 square meters of Gwangju-si, which is a major river area, and occupied land in the river area by using it as an outdoor place of business in the above restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the written accusation and written statements to statutes;

1. Subparagraph 5 of Article 95 of the River Act and Article 33 (1) of the same Act concerning facts constituting an offense, and the selection of a fine;

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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