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(영문) 부산지방법원 2013.09.13 2013고정3241
공유수면관리및매립에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who intends to occupy or use public waters shall obtain permission for occupancy or use from the management agency of public waters.

Nevertheless, the Defendant, without obtaining permission for occupation and use of public waters from February 20, 2013 to February 27, 2013, installed a moorings made of plastic material in front of the wharf (Gu, Songdo fishing village fraternity), which is a public water surface, in order to mooring the motor boat owned by the Defendant on the sea, and occupied and used public waters of approximately 12.5 square meters in total area.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the prosecutor's statement concerning B and C;

1. On-site documentary evidence photographs;

1. Application of Acts and subordinate statutes concerning permission to occupy and use public waters;

1. Article 62 of the relevant Act on Criminal facts and Articles 62 subparagraph 2 and 8 (1) of the Act on the Management and Reclamation of Public Waters elective for Punishment of Specific Crimes;

1. Articles 70 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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