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(영문) 창원지방법원 밀양지원 2016.11.17 2016고단434
하천법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency.

Nevertheless, on July 28, 2016, the Defendant, without obtaining permission from the competent authorities, installed 30 square meters in the area of 400 square meters in the central river located in Seoyang-si B, the local river located in Seoyang-si B, and occupied the land in the river area.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, and investigation reports (attached to judgment);

1. Subparagraph 5 of Article 95 of the River Act and Article 33 (1) 1 of the same Act concerning facts constituting an offense;

1. Selection of a selective fine for punishment (at least several times, the defendant has been subject to punishment, but no record of punishment for a violation of the River Act exists);

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

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

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