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(영문) 부산지방법원 2019.01.16 2018고정1878
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who has his/her domicile in the Youngdo-gu B apartment and C, Busan Metropolitan City, and is engaged in diving.

1. Where any person intends to build a building on any public waters without permission, he/she shall obtain permission to occupy or use public waters from the management agency of public waters;

Nevertheless, from July 25, 2018 to August 16, 2018, the Defendant occupied or used public waters without permission by installing a temporary facility of about 8 meters wide and about 8 meters long from the public waters located in the waters in the territorial sea of the Busan Young-gu, Busan, Young-do, with no permission.

2. On July 2018, the Defendant failed to comply with an order of reinstatement, despite having received an order of removal from a public official in charge of the Busan Regional Maritime Affairs and Fisheries Office by August 13, 2018 at the above temporary facilities, from the public official in charge of the Busan Regional Maritime Affairs and Fisheries Office.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on accusation of violators of the Public Waters Management and Reclamation Act;

1. Article 62 subparagraph 2 of the relevant Act on the Management and Reclamation of Public Waters, Article 8 (1) of the Act on the Management of Public Waters, Article 64 subparagraph 3 of the Public Waters Management and Reclamation Act, Article 21 (2) of the Act on the Management of Public Waters and Reclamation, Article 64 of the Act on the Management of Public Waters, and Selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A fine specified in a summary order shall be reduced by taking into consideration the circumstances in which the defendant for sentencing under Article 334(1) of the Criminal Procedure Act has occupied or used public waters, the age, etc. of the defendant;

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