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(영문) 전주지방법원 2017.11.21 2017고단1782
하천법위반
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

Punishment of the crime

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, the defendant from July 27, 2017 to the same year.

8. Until December 28, 200, the river was occupied and used by leasing 10,000 won from 10,000 won per unit to unspecified customers without the permission of the competent authorities in the area of the area of the Seoul river of the former North Jeju-gun, the river was occupied and used by leasing 20,000 won to unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against the violator of the River Act;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article of the Criminal Act and Articles 95 subparagraph 5 and 33 subparagraph 1 of the Criminal Act concerning the selection of criminal facts, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the instant case is that the Defendant occupied and used a river without the permission of the competent authority from July 2017 to August 2017, and received the fee for the use of the river, such as luminous, tent, flat, etc. from the guests, and that the details of the crime are not less exceptionally given the public nature of the river, etc.

However, the fact that the defendant recognizes the facts of the crime of this case, and that the defendant is not subject to criminal punishment in addition to the punishment of a fine of KRW 500,000 for a crime of immigration offense in 2001, is favorable to the defendant.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.

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