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(영문) 부산지방법원 2018.02.20 2017고정1973
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

No person shall abandon or neglect a ship on public waters without justifiable grounds.

The Defendant entered into a lease agreement between D and D on May 18, 2016, under which C and D enter into the said agreement to rent and use the “E” vessel for 24 months, and left the said vessel on the F branch line’s public water surface at the time of stopping. From January 26, 2017, the Defendant neglected the said vessel without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to a copy of the lease contract of a ship, a photograph of a neglected ship (38 pages of investigation records), and the current status of permission for occupancy and use of public waters (56 pages of investigation records);

1. Article 62 subparagraph 1 of the Act on the Management and Reclamation of Waters for Criminal Facts and Article 62 and subparagraph 3 of Article 5 of the Act on the Management of Waters for which Punishment is electively Shared;

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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