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(영문) 청주지방법원 영동지원 2018.04.12 2017고단203
하천법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the River Act shall occupy and use a river, such as establishing an floating moorings, etc. without obtaining permission from the river management authority to occupy and use a river;

Nevertheless, on May 2017, the Defendant occupied and used a river by installing a floating mooring pond (10 meters wide and 5 meters long) without obtaining permission from the river management agency in the neighboring C of the Hacheon-gun B, Chungcheongnam-do, 2017.

2. The Defendant violated the Water Leisure Safety Act is a person who operates a business that operates a “D” company, such as putting customers who want to engage in aquatic leisure activities on the water leisure craft by receiving training expenses, etc. in the vicinity C of the Chungcheong-gun B where it is impossible to conduct aquatic leisure activities due to the protection of water sources, etc.

Any person who intends to operate a business lending a water leisure craft or a business carrying persons engaged in water leisure activities on the water leisure craft shall register with the competent authority.

From May 2017 to September 2, 2017, the Defendant engaged in aquatic leisure business by receiving charges from approximately KRW 10,000 to KRW 20,00,00 from customers who found the aforementioned “D” without registering with the competent authority, and from around KRW 10,000 to KRW 20,00,000 at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Documents attached to the second examination protocol of the suspect against the accused;

1. Application of Acts and subordinate statutes on the accusation, field photograph, unknown information about the current status of mooring facilities of illegal vessels in C, location map, and photographic site;

1. Article 95 of the Act applicable to the facts constituting an offense, subparagraph 5 of Article 95 of the River Act, Article 33 (1) 6 of the River Act (Selection of a punishment penalty), subparagraph 4 of Article 56 of the Water Leisure Safety Act, and Article 39 (1) of the same Act (Selection of a punishment punishment) of the Act on the Safety of Water Leisure;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [Unfavorable Conditions] of the Criminal Procedure Act, each of the crimes in this case is the defendant.

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