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(영문) 창원지방법원 2016.04.21 2016고정263
하천법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On July 2015, the Defendant reconstructed the stone shed B without obtaining permission from the competent administrative agency in Kimhae-si, a river area, and built a steel bridge with about 13 meters in length without obtaining permission from the competent administrative agency in the foregoing B around September 2015.

2. On September 24, 2015, the Defendant issued a corrective order to restore the stone as stated in the above paragraph (1) from the Kimhae market to October 25, 2015 at the Defendant’s residence located in the Busan Metropolitan City, the Defendant failed to comply with the corrective order to restore the stone as stated in the above paragraph (1) from the Kimhae market to its original state on October 25, 2015. On November 2, 2015, the Defendant issued a corrective order to restore the stone as stated in the above paragraph (1) from the above Defendant’s domicile to November 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a written accusation (including attached materials);

1. Relevant Articles 95 and 95 subparagraph 5 of the River Act, Article 33 (1) 3 (the occupation and use of an unauthorized river), Article 95 and Article 69 (1) 1 (the occupation and use of an unauthorized river) of the River Act, the selection of fines for criminal facts, as well as the selection of fines;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment should be taken into consideration the fact that the defendant reflects each of the crimes of this case and restored the stone axis and steel bridge installed without permission to its original state.

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