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(영문) 부산지방법원 2018.04.20 2018고정29
공유수면관리및매립에관한법률위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Any person who intends to newly construct, rebuild, alter, or remove buildings or other artificial structures on public waters, such as seasides, etc. without permission, shall obtain permission for occupancy or use of public waters from the management authority of public waters;

Nevertheless, during the 20th day of July from around 4, 2017 to August 24, 2017, the facts charged in the middle-sea of the Dong-dong, Busan Metropolitan City, the co-owned waters for the 20th day of August, 2017, are indicated twice. However, the “seashore”, one of the co-owned waters under the Act on the Management and Reclamation of Public Waters, refers to the area (i.e., the area having several times) registered from the coastline on the cadastral record (see Article 2 subparag. 1(b). As such, the place of the instant crime appears to be not only once relevant land but also between the relevant parcel number and the coastline.

In addition, it does not seem that the exercise of the defendant's right to defense is hindered by recognizing the criminal facts without any changes in the indictment as above.

In this regard, the Ministry of Maritime Affairs and Fisheries established 1 Dong (e.g., a tent (e., a tent) and operated as a restaurant without obtaining permission from the competent Maritime Affairs and Fisheries Office, and occupied public waters by installing 1 Dong (e.g., a tent on public waters).

2. A person who failed to implement an order to reinstate an unauthorized-owned water surface by July 4, 2017, although he/she was ordered by the Busan Regional Fisheries Administration to reinstate the water surface, he/she failed to implement an order to reinstate until August 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the restoration of public waters to the original state, such as accusation against violators of the Act on the Management and Reclamation of Public Waters, photographs and video outputs, and implementation of orders;

1. Management of public waters in common, as well as management of public waters in common, under Article 62 subparagraph 2 of the Act on the Management and Reclamation of Public Waters, and Article 8 (1) 1 of the same Act concerning facts constituting an offense;

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