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(영문) 춘천지방법원 2017.11.22 2017고정385
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Any person who intends to occupy or use public waters shall obtain permission for occupancy or use of public waters, and any person who fails to obtain permission for occupancy or use of public waters shall remove artificial structures, installations, soil, stones and other things installed on the relevant public waters and recover the relevant public waters.

Nevertheless, the Defendant, without obtaining permission from March 5, 2017 to around the 10th day of the same month, filled up and used approximately 990 square meters of the public waters by embling the groundr equipment to embling farming houses in Chuncheon-si B, the co-owned waters, and continued to follow the order to reinstate the public waters without removing soil, etc. filled up on the said co-owned waters from around April 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Written accusation of the Chuncheon market; and

1. Application of Acts and subordinate statutes requesting reinstatement following the use of a public water surface zone without permission, such as a investigation report ( telephone communications investigation into a D office), a permit to occupy and use a small river, a former survey report, an investigation report (verification, etc. of whether it is restored to the original state), a location map, on-site photographs

1. Article 62 Subparag. 2 of the relevant Act and Article 62 Subparag. 2 of the Act on the Management and Reclamation of Public Waters for the Fact-finding, and Articles 8(1)11 (the occupation and use of public waters without permission and the selection of fines), Article 64 Subparag. 3 and Article 21(2) of the Act on the Management and Reclamation of Public Waters (the fact that it is impossible to issue an order of reinstatement, the selection of fines);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shows that the Defendant appears to be aware of all the instant crimes and to reflect, and the Defendant exceeds a fine.

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