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(영문) 의정부지방법원 2013.08.14 2013고단1513
하천법위반등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who intends to occupy and use land in a river area violating the River Act shall obtain permission from the river management agency;

Nevertheless, the Defendant occupied and used land by installing a ringer and a bridge (14 meters in length and 1.3 meters in width) on land within a river area, such as a 37m2, a ditch located within a river area, a 33m2, a ditch located within a river area, and a ditch located within a 55m2m2, a river located within a F, a 122m2m2, a field located within a G located, and a 64m2, a field located within a H located within a river area, without obtaining permission from the competent administrative agency from around 2000 to January 25, 2013.

2. No person who violates the State Property Act shall use or take profits from State property without justifiable grounds;

Nevertheless, from around January 25, 2009 to January 25, 2013, the Defendant buried approximately 150 square meters of the railroad site I located in Namyang-si, Namyang-si, the State-owned property, and used and profit from the State-owned property without justifiable grounds.

3. No person who intends to dispose of wastes shall reclaim wastes without permission in compliance with the standards and methods prescribed by Presidential Decree;

Nevertheless, from around January 25, 2009 to January 25, 2013, the Defendant buried, without permission, the opening excreta and dead bodies of domestic wastes in the instant railway site located in the Namyang-si, Namyang-si, which were operated by the Defendant located outside G and seven lots of land, without entrusting the disposal business to the waste disposal business entity.

4. A person who intends to install a 60 square meters or more in size in violation of the Act on the Management and Use of Livestock Excreta shall obtain a plan to install discharging facilities and file a report thereon with the competent authority, and shall not cause livestock excreta not properly disposed of to flow into public waters. Nevertheless, the Defendant does not install a waste-generating facility in operation of a ambling shed (a total area of 3,383 square meters, 400 through 500 marries) located outside the Nam-si, Namju-si from September 28, 2007 to January 25, 2013.

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