logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2015.12.02 2015고단2154
하천법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 1985, the Defendant is a person operating a mutual general restaurant of “C” in Gwangju City B (B).

Any person who intends to occupy and use land, occupy and use river facilities, construct, rebuild or alter structures, excavate, reclaim or alter land, change the form and quality of land, or extract soil, rocks, sand or gravel in a river area shall obtain permission from the competent authority.

Nevertheless, without obtaining permission from the competent authority from around 200 to August 10, 2015, the Defendant occupied land in the river area by installing concrete of 200 square meters in size in Gwangju-si D (Y) and E (Gu), a river area from around 2000 to around 200 square meters, and installing coordinates and tents on each summer, and using land in the river area without permission, such as using it as an outdoor business site in the said restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report (report attached to the current status of environmental infringement around the fund, restoration notice, enforcement report, ex post facto reinstatement notice to the discovered restaurant, C illegal investigation report, etc.);

1. Subparagraph 5 of Article 95 of the River Act and Article 33 (1) of the same Act concerning criminal facts (the occupation and use of a river without permission);

1. Selection of imprisonment with prison labor chosen;

1. Consideration, such as the confession of reasons for sentencing under Article 62 (1) of the Criminal Act and the reflective fact, the restoration of the original state, and the absence of previous conviction exceeding the fine;

arrow