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(영문) 창원지방법원 2019.01.16 2018고단2335
하천법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant occupied and used approximately 108,00 square meters of land outside the river area from August 2015 to June 15, 2018 by creating a dry field with approximately 108,00 square meters of land outside the city of Kimhae, which was located within the river area.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A public official's statement;

1. Although the Defendant asserted that he only cultivated the land by lawfully leasing the land owner’s test and did not know the fact that he was assigned to the river site, the Defendant does not accept the legal action that he was unaware of that the land was located on the lower side of the bank, since it is clearly confirmed that the relevant land was located on the lower side of the bank.

Application of Statutes

1. Sentence of imprisonment for four months and the reasons for sentencing under Article 95 subparagraph 5 of the relevant Act and Articles 95 and 33 (1) 1 of the River Act that choose a punishment for an offense: The punishment of imprisonment for four months and the reasons for an aggravated punishment: The necessity of serious reflective necessity, likelihood of large-scale occupation and use, flood control or environment-related problems, refusal of long-term restoration to original state, etc.; a previous conviction and absence (seven times of fines);

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