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(영문) 대구지방법원 2013.05.08 2012고정4146
지하수법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

A person who intends to develop and utilize groundwater shall obtain prior permission from the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

From February 1, 2011 to May 23, 2011, the Defendant reported on February 5, 2010 on the water pumping capacity 44t to the hydro-gu Suwon Office and used groundwater of the average of 178t per day exceeding 100t per day subject to permission during the above period, without permission.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol of partial police interrogation of the accused;

1. A written confirmation of violation;

1. Notification of data related to water supply and sewerage systems and volume of groundwater used;

1. Application of Acts and subordinate statutes to a report on investigation (Calculation of criminal period);

1. Article 37 subparagraph 1 of the Groundwater Act and Article 37 (1) of the same Act (amended by Act No. 10763, May 30, 201);

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of conversion of KRW 50,000 per day) into a workhouse;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (the fact that the defendant has no power, the period of use without permission is shorter than that of the defendant, and the circumstances leading to this case, etc.);

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