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(영문) 의정부지방법원 2016.01.21 2015고정1787
하천법위반
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay a fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to newly construct or rebuild a structure, change the form and quality of land, etc. in a river area shall obtain permission from a river management agency, as prescribed by Presidential Decree, and the river management agency may order the violator who has committed such an act without permission to suspend the construction, to rebuild, relocate or remove the structure or other things, or to take necessary measures to prevent any danger and injury that may be caused by the structure or things thereof.

1. On March 2013, in collusion with B, the Defendant newly constructed a structure, such as a 1,308 square meters of farmland in the Socheon-gun, a river area located in the country (Jinjin-gun), without obtaining permission from the river management authority, and changed the form and quality of land by cultivating it at the same place.

2. The Defendant, who failed to comply with an order to take measures, did not implement an order to take measures because he/she did not perform restoration within a given period of time, even though he/she received “the voluntary order to restore the original state to the original state by April 30, 2014,” which received a notification of the fact of violation of paragraph 1 from the number of Seocheon-gun, Incheon-gun on April 4, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A letter of name of each business trip;

1. Notice of guidance for restoration to original state, and application of postal inquiries-related Acts and subordinate statutes;

1. Article 95 subparagraph 5 of the River Act, Article 33 (1) of the same Act, Article 30 of the Criminal Act (the change of the quality of a river, the construction of a new structure), Article 96 subparagraph 5 of the River Act, Article 72 (2) of the same Act (the fact that an order to take measures is not issued) and the selection of a fine for each crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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