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(영문) 전주지방법원 2020.04.29 2019고단1757
하천법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who operates the Bridge of Jeonbuk-gun.

Any person who intends to occupy and use a river by constructing, remodelling or altering a structure within a river area shall obtain permission from the river management agency, and shall not store flowing water of a river.

Nevertheless, on June 20, 2019, the Defendant laid up concrete (5 meters in length, 0.5 meters in width) without obtaining permission from the head of the complete Gun for the purpose of running water play business as a counter-water for the customers of the happy-gun located in the local river D river located in the Jeonju-gun, Jeonju-gun, and installed water-saving facilities (5 meters in length, 1.1 meters in height) at the same place around July 15, 2019.

As a result, the Defendant occupied and used a river by building concrete in a river area without permission from the river management agency, and left the flowing water of a river.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written accusation of the head of the relevant complete Si/Gun;

1. E statements;

1. Land cadastre, a certified copy of cadastral map and a land use plan certificate;

1. Application of the location map and current status photograph statutes;

1. Relevant Articles 95 and 33 (1) 3 of the River Act, subparagraph 8 of Article 95 and subparagraph 1 of Article 46 of the River Act, the selection of imprisonment for a crime, the relevant Article of the Act on Criminal Matters, the selection of a sentence, and the selection of a sentence;

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

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (the grounds for the sentencing below) are as follows: (a) the Defendant’s age, character and conduct, environment, occupation, occupation, family relationship, motive and consequence of the offense; and (b) the various sentencing conditions specified in the instant records and trial process, including the circumstances after the offense, shall be comprehensively taken into account.

- The defendant continued to have committed the instant crime even though he had been sentenced to three times a fine due to the same crime.

- The defendant is led to confession.

- All of the above facilities were removed.

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