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(영문) 대전지방법원 서산지원 2014.11.28 2014고단699
공유수면관리및매립에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Where any person who reclaims public waters without obtaining a reclamation license fails to take measures for recovery, the reclamation license agency may order him/her to reinstate such public waters within a fixed period, and in such cases, the person who receives an order for recovery shall reinstate such public waters.

The Defendant, at around 2011, did not comply with an order to reinstate the public waters issued within a certain period of four times in parallel, including where he/she received an order to reinstate the public waters within a certain period of four times, on November 10, 201 (j), November 28, 201; December 22, 2011; December 22, 201; and February 12, 2014 (j) from the Port Authority for the purpose of reclaiming the public waters in a 135 cubic meters of the public waters of the Sinjin-si, which is a harbor zone, without obtaining a reclamation license; and did not implement an order to reinstate the public waters without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. In cases of investigation reports (Attachment of documents related to orders for reinstatement) and requests for removal and reinstatement of stone in the public waters to be attached, requests for removal and reinstatement of stone in the public waters, requests for confirmation of receipt, requests for restoration of illegal reclamation in the public waters, requests for restoration to the public waters, orders for notification of illegal reclamation and occupation, and orders for restoration

1. Accusations, explanatory notes, and on-site documentary evidence, photographs and a location map of the violation of the Public Waters Management and Reclamation Act, and orders to reinstate the public waters;

1. Application of Acts and subordinate statutes governing cadastral surveying results;

1. Article 63 Subparag. 5 of the Act on the Management and Reclamation of Public Waters, Articles 63 and 54 (2) of the same Act concerning criminal facts and the selection of imprisonment;

1. It is so decided as per Disposition by the assent of all participating Justices on the grounds of Article 62(1) of the Criminal Act (including the circumstances where the defendant was he was satisfed with stone, the circumstances after the crime of this case, the criminal records and occupations of the defendant

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