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(영문) 창원지방법원 통영지원 2017.09.28 2017고단385
공유수면관리및매립에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 10,000,000 and by a fine of KRW 5,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to occupy and use public waters shall obtain permission from the management authority of public waters, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without obtaining permission from October 2010 to the present date, occupied and used public waters 641 square meters in the E branch line area in the city E branch line from August 19, 2013, and occupied and used public waters 445 square meters in the F branch line area in the city F branch line from August 19, 2013 to the present.

B. The Defendant: (a) around January 12, 2016; and (b) the same year.

2. 19. Landscaping, the same year.

4. 28. Landscaping, the same year.

6. On June 30, 2016, the Plaintiff did not comply with an order to reinstate 1,100 square meters of common waters located in the E branch line E in the G branch line from the G branch line market on June 30, 2016.

2. Defendant B, who is an employee of the Defendant, committed an act in violation of the same provision as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. A written protocol concerning the examination of the suspect against the defendant A by the prosecution;

1. Statement made by the prosecution with regard to G;

1. An investigation report (a copy of a permit for occupancy and use of public waters, etc.), an investigation report (Attachment of photographs of public waters reclamation works), and an investigation report (related to the reinstatement of illegally reclaimed facilities of public waters);

1. A supplementary statement of G’s accusation;

1. Location map of occupancy without permission;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions of the Act on the Management and Reclamation of Public Waters and Defendant A who has selected a sentence on the crime: Article 64 Subparag. 3 and Article 21(2) of the Act on the Management and Reclamation of Public Waters (the occupation and use of public waters without permission), Article 64 Subparag. 3 and Article 21(2) of the Act on the Management of Public Waters and Reclamation (the occupation and use of public waters), and Article 65, Article 62 Subparag. 2, Article 8(1), Article 64 Subparag. 3 and Article 21(2) of the Act on the Management and Reclamation of Public Waters;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: each of them.

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