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(영문) 대구지방법원 경주지원 2018.08.30 2018고단443
하천법위반
Text

Defendant shall be punished by a fine of seven 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 and use land, change the form and quality of land in a river area shall obtain permission from the river management agency.

1. From March 14, 2018 to April 9, 2018, the Defendant occupied and used a river by installing a steel 134 dong or leasing it to a street store without obtaining permission from a river management agency in the 6,000 square meters of the mar river located in Si-si, Sejong, which is a river area.

Accordingly, the defendant occupied land within the river area without obtaining permission from the river management agency.

2. In order to create access roads entering a street store at the date and time indicated in the above 1. Paragraph (1) above, the Defendant cut earth and changed the form and quality of land equivalent to a size of 140 square meters on the river in a manner of flating.

Accordingly, the defendant changed the form and quality of land within the river area without obtaining permission from the river management agency.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Written accusation - A written statement of control, written confirmation of receipt, order for voluntary removal of illegal facilities, on-site photographs, and a person;

1. Application of Acts and subordinate statutes to inquiries about criminal and criminal history data;

1. Relevant Article of the Act and Articles 95 subparagraph 5, 33 (1) 1 (the occupation and use of an unauthorized river site, the selection of fines), 95 subparagraph 5, and 33 (1) 4 of the River Act (the occupation and use of an unauthorized river site, the occupation and use of an unauthorized river site, the selection of fines) concerning criminal facts;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is reasonable in light of the occupation and use of, or changing the form and quality of, a crypum cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp cryp,

Provided, That confession and reflect shall be made.

The changes in form and quality were restored.

The evidence alone submitted that the defendant's act of occupation and use was committed in collusion with other employees.

see. ..

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