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(영문) 수원지방법원 2017.07.13 2017고정143
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to occupy or use public waters shall obtain an occupancy or use permit from the management authority of public waters.

Nevertheless, from around September 2013 to September 2016, the Defendant occupied and used public waters such as raising approximately 300 mags, without obtaining permission from the public waters management office, within the co-owned waters equivalent to 1,200 square meters near the Gyeongsung City.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation, a guidance, and an accusation;

1. The current status of illegal occupation and use of public waters and the current status of illegal occupation and use of public waters;

1. Article 62 of the Act on the Management and Purchase of Waters for Criminal Facts and Articles 62 subparagraph 2 and 8 (1) 11 of the Act on the Management and Purchase of Aggregated Waters, and Selection of a fine;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act include the following: (a) there are extenuating circumstances: (b) the Defendant, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, may somewhat be taken into account in the process of occupying the shared waters; and (c) the Defendant’s appeal against the Defendant at the agency of project in charge of the draft of the Korea Rural Community Corporation, which is the complainant implementing the development project in the shared waters of this case, shall be determined

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