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(영문) 전주지방법원 2018.04.06 2017고정886
하천법위반
Text

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

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

Reasons

Punishment of the crime

On June 26, 2017, the Defendant occupied and used land within a river area by installing 50 meters in a luminous range and 30 square meters in a horizontal line under the Dridge in the former North Korea-gun C, without permission, around June 26, 2017

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written accusation;

1. Application of Acts and subordinate statutes on site of violation;

1. Relevant Article of the Act and subparagraph 5 of Article 95 and Article 33 (1) 1 of the River Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances that are favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The confession, all ordinarys, and the removal of a balone; the illegal occupancy period does not expire; and there are no records of criminal punishment for the same kind of crime: The crime of this case is not appropriate to acquire personal benefits by using the state river as it is for citizens who set up a flat and light balone in the F river area, which is a state river, to rent and occupy the river without permission from the competent authority, and to lease it at a normal time, and without permission, to acquire personal benefits; the size and number of the balone installed by the defendant; the area of the balone installed by the defendant and the number of the balones; the defendant removed the facility only after the second balone restoration guidance; the defendant removed the facility in consideration of the above circumstances, including the age, sex, environment, family relationship, means and result of the crime, and the circumstances revealed in the order of this case.

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