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(영문) 춘천지방법원 영월지원 2017.09.26 2017고단320
하천법위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to occupy and use land in a river area shall obtain permission from the river management agency, and a river management agency may, if he/she violates such permission, issue an order to take measures to reconstruct, alter, or remove any structure or object, or take other necessary measures.

From around March 2016, the Defendant: (a) installed a low temperature storage room in the site of the river area owned by the Ministry of Transportation in the Gangseo-gun, Gangwon-do; (b) one portable toilet type; and (c) one plastic toilet type; and (d) one multi-house neighboring facilities in the river area; and (c) accordingly, the number of Pyeongtaek-gun was three times from November 9, 2016 to January 12, 2017; (b) the Defendant ordered the Defendant to restore the said land to its original state on three occasions; (c) the Defendant failed to comply with the river management authority’s order, thereby violating the river management authority’s order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Accusation against a suspect suspected of violating the Act on the Maintenance and Improvement of Rivers;

1. Local photographs;

1. A certificate of all registered matters;

1. Public announcement of a notice of restoration of the original state due to occupation and use of each river site without permission;

1. Application of Acts and subordinate statutes to a report on investigation (receiving a ground plan on the current status);

1. Relevant Article of the Act and Articles 95 subparagraph 10 and 69 (1) 1 of the River Act, the selection of a fine concerning facts constituting an offense, and the selection of a fine;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized the instant crime; (b) favorable circumstances such as the fact that there was no record of punishment for the same kind of crime; and (c) the instant crime is not in compliance with the order of restoration to the original state by the river management agency; and (d) the fact that the restoration to the original state would not yet be completed; and (e) other unfavorable circumstances, such as the Defendant’s age, sex, sex, environment, motive, means, and consequence of the instant crime; and (b) the sentencing conditions specified in the instant argument, such as the circumstances after the crime, shall be determined as the order by taking into account the following two factors.

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