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(영문) 창원지방법원 2020.10.15 2020고정409
하천법위반
Text

Defendant shall be punished by a fine of one million won.

However, the execution of the above fine for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Although the Defendant occupied and used the river site without permission from April 2015 to November 19, 2019, by cultivating crops on the land located in the jurisdiction of the Kimhae-si, which is a river area, without permission from the competent Kimhae-si market, and on November 22, 2019, in the Defendant’s residence located in Kimhae-si C apartment D, the Defendant was delivered the “final order for restoration of illegal activities in the river area” under the name of the competent Kimhae-si market to restore the state of illegal occupation, such as removal of illegal cultivated products listed in the said river site, but failed to implement the corrective order by December 23, 2019, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation and accompanying documents;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Article of the Act on Criminal Facts, subparagraph 5 of Article 95, Article 33 (1) of the River Act (the occupation of a river without permission), subparagraph 10 of Article 95, subparagraph 1 of Article 69 of the River Act (the occupation of a violation of an order) and the selection of fines for each crime;

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

1. The main sentence of Article 62 (1) of the Criminal Act (the main sentence of Article 62 (1) of the suspended sentence (including the fact that the defendant acknowledges and reflects all the crimes, that the defendant lives difficult as an old age exceeding 60 years old, that has restored to the original state, and that there is no record of punishment in addition to the fine

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

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