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(영문) 전주지방법원 2018.09.20 2018고정347
하천법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Anyone shall obtain permission from a river management agency, as prescribed by Presidential Decree, to collect earth and stones, sand, gravel, etc. in a river area.

While the Defendant, at the site of “D Reinforcement” and “E Reinforcement” constructed in the former North Korean Office C Group, performed a work to transport earth and sand in a borrow theater with permission from the Korea Water Resources Corporation for gathering from the Korea Water Resources Corporation, he was willing to sell them to residents of the same Gun, who reside in the same Gun with soil and sand located in the vicinity of the permitted area.

On August 2015, the Defendant collected approximately KRW 700 soil and sand from about 15 tons of 15 tons of truck using heavy equipment, such as typers and trucks, from around 100 to October 2015, using a creb in total three times in total, including a crebing machine and truck, and collected approximately KRW 2,240 square meters of soil and sand from around 10 tons of 15 tons of truck from around 200 to around 240 square meters in total, as indicated in a list of crimes, from around 2015.

Accordingly, the defendant collected earth and sand without permission from the river management agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to J, K, L, M, and N;

1. Application of Acts and subordinate statutes to each photograph, O park creation plan, and agreement on permission for gathering earth and sand;

1. Article 94 subparagraph 2 of the River Act and Article 33 (1) 5 of the same Act, the selection of a fine and a fine concerning facts constituting an offense;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant recognized the facts charged in this case and expressed his intention of reflection against the mistake; and (b) the community residents want to find the Defendant’s wife against the Defendant; or (c) the Defendant in this case is favorable to the Defendant, on three occasions.

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