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(영문) 수원지방법원 안산지원 2021.03.31 2020고단4427
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to occupy and use public waters shall obtain permission to occupy or use public waters from the management agency of such public waters;

Nevertheless, from December 2, 2014 to August 6, 2020, the Defendant newly constructed a temporary building with a floor area of about 110 square meters in the area of the members of Ansan-si, the co-owned waters without obtaining permission from the public waters management authority, and occupied and used the public waters.

2. On November 17, 2017, the Defendant received a written order to reinstate the building by December 15, 2017, on the ground that he/she occupied and used the public waters and did not restore it to the original state, as prescribed in paragraph (1), from Ansan City, an authority in charge of managing the public waters, but did not comply with it.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation (including a written statement, etc. of attached C);

1. Submission of data to investigate illegal matters on public waters (including photographs attached thereto), order to reinstate public waters, confirmation of receipt of such order, investigation report (including a copy of the summary order and a copy of the judgment attached thereto), application of Acts and subordinate statutes to report an investigation (specific report on the date and time of crime);

1. Article 62 of the Act on the Management and Reclamation of Public Waters and Articles 62 subparag. 2 and 8(1) (the illegal use of public waters) concerning criminal facts, Article 64 subparag. 3, Article 21(2) and (1) (the non-performance of an order for reinstatement) of the Act on the Management and Reclamation of Public Waters, and selection of fines, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggregate of the maximum amount of the crimes specified in the violation of the Act on the Management and Reclamation of Public Waters due to Unauthorized Use of Public Waters with more severe punishment)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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