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(영문) 전주지방법원 2017.11.23 2017고단1971
하천법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency.

The defendant from July 25, 2017 to the same year

8. By July 1, 200, up to D in the previous west-gun C, the land of the river was occupied and used by installing approximately 50 m in luminous (50m) and nearest 50m of luminous (50m) without obtaining permission from the competent authorities for the management of the river.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Relevant Article of the Act concerning facts constituting an offense, subparagraph 5 of Article 95 and Article 33 (1) 1 of the River Act that choose a sentence, and selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing as follows) is that the defendant recognizes the criminal facts of this case and supports his family members, etc. are favorable to the defendant.

However, this case is a situation unfavorable to the defendant, in light of the public nature of the river, etc., that the defendant was punished for a fine of one million won by violating the River Act at the Jeonju District Court on November 5, 2014.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.

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