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(영문) 부산지방법원 동부지원 2017.11.24 2017고정934
공유수면관리및매립에관한법률위반
Text

Defendants shall be punished by a fine of two million won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. Any person whose occupancy or use permit of public waters A has been revoked shall have an obligation to remove artificial structures, installations, soil, stones and other things installed on the public waters and to reinstate the relevant public waters and comply with an order to reinstate such public waters;

On January 7, 2010, the Defendant obtained permission to occupy and use the common waters of Busan Shipping Daegu C branch line, and installed and used a container gambling room owned by the Defendant on the public waters, and was subject to the disposition of revocation of permission to occupy and use the above land by the competent authority around January 7, 2010.

Since then, on March 2, 2016, the Defendant received from the competent authority around March 2, 2016 an order to reinstate “from April 10, 2016, to remove the above container stuff, which is a facility,” but did not comply therewith.

2. A person who occupies or uses public waters without obtaining permission for occupancy or use of public waters or consultation or approval for occupancy or use of public waters shall have the duty to remove artificial structures, installations, earth, rocks and other things installed on the relevant public waters and to reinstate the relevant public waters and comply with an order to reinstate the relevant public waters;

Nevertheless, the Defendant did not obtain permission to occupy and use the common waters of Busan Shipping Daegu C branch line, which is the public waters, and occupied and used the public waters without permission by installing two container stuffs in early October 2015, and installing various tools, parts, fences, etc., and installing them.

Since then, on March 2, 2016, the Defendant received from the competent authority around March 2, 2016 an order to reinstate “from April 10, 2016, to remove the above container stuffs, etc.” but did not comply therewith.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. A report on internal investigation (in cases of attaching a field photograph), report on internal investigation (in cases of an order, etc. to reinstate facilities illegally occupied and used on the public waters), investigation report (in cases of administrative vicarious execution, photographs at the same time;

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