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(영문) 수원지방법원 안산지원 2015.02.13 2015고정27
공유수면관리및매립에관한법률위반
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

Criminal facts

1. The Defendant is a person who operates “C” in Ansan-si Member B.

Any person who intends to occupy or use public waters shall obtain permission for occupancy or use of public waters from the management agency of public waters.

Nevertheless, the Defendant, from February 13, 2009 to June 11, 2014, installed a temporary building (149.1 square meters) on the public waters and occupied and used the public waters by operating the frequency cluster.

2. The Defendant failed to comply with an order of reinstatement issued by the management agency of public waters to the effect that he/she was served with an order of reinstatement by July 11, 2014, on the ground that he/she occupied and used public waters and did not restore to the original state, as prescribed in paragraph (1), from Ansan-si, the management agency of public waters, around June 13, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written statement;

1. Application of Acts and subordinate statutes to site photographs and orders for restitution;

1. Article 62 subparagraph 2 of the relevant Act on the Management and Reclamation of Public Waters, Article 8 (1) of the Act on the Management and Reclamation of Public Waters, Article 64 subparagraph 3 of the Public Waters Management and Reclamation Act, Article 21 (2) of the Act on the Management and Reclamation of Public Waters, the selection of each fine (one time the previous department exists, but the defendant is led to confession and reflect, the fact that the defendant has no penalty power exceeding the fine, etc.);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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