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(영문) 수원지방법원 성남지원 2020.06.03 2019고정993
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to perform an act of occupation or use of public waters shall obtain permission for occupation or use of public waters from the management agency of public waters.

Nevertheless, on January 1, 2016, the Defendant used the public waters by open-airing construction materials on land of 596 square meters of public waters, which is State-owned land B in Gwangju-si without obtaining permission from the competent authority.

Accordingly, the defendant used public waters without permission of the Gwangju City market.

Summary of Evidence

1. Defendant’s written accusation;

1. On-site photographs, public waters, promotion of restoration to original state, advance notice of disposition, promotion of restoration to original state, or notice of permission to use State property;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 62 of the relevant Act and Articles 62 subparagraph 2 and 8 (1) 11 of the Public Waters Reclamation Act concerning criminal facts and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant used the instant river site; and (b) the Defendant has the criminal records of fines, such as a violation of the River Act; and (c) the Defendant has the criminal records of a violation of the River Act; and (d) the Defendant’s age, character and conduct and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing as

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