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(영문) 의정부지방법원 2018.12.06 2018고정1492
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

Punishment of the crime

1. A person who intends to fill land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree;

Nevertheless, on April 2018, the Defendant occupied and used a river by embling by using sand of approximately 900 to 1,000 square meters without obtaining permission to occupy and use a river from the river management office in Namyang-si, Nam-si, and C.

2. A person who has been ordered by a river management agency to cancel or change permission or approval, suspend the validity thereof, suspend works or other acts, remodel, alter, relocate or remove a structure or object, or take other necessary measures shall comply with such order.

Nevertheless, on May 31, 2018, the Defendant did not comply with a corrective order issued by the Namyang-si, Namyang-si, which issued by the Namyang-si, to the effect that “the restoration from the original state to June 24, 2018,” with respect to unauthorized occupation and use as described in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation, statement, advance notice of corrective order of violation of the River Act, investigation report, investigation report of each violation, examination report of each violation, examination of each violation of the River Act, register of each land, full certificate of registered matters, land register, permit for inland fisheries, notice of imposition of compensation for change in river occupation and use fees, notice of payment, payment notice, reply to an objection and summary order on the objection

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Articles 95 and 95 subparagraph 5 of the River Act, Article 33 (1) of the River Act (the occupation and use of an unauthorized river), Article 95 and Article 69 of the River Act (the occupation and use of an unauthorized river), and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant recognized the criminal facts of the instant case, and reflects his mistake; and (b) the crime of defamation by publication in around 2003.

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