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(영문) 춘천지방법원 속초지원 2013.11.13 2013고단195
하천법위반등
Text

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

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

Reasons

Punishment of the crime

1. On May 14, 2013, the Defendant buried 2,002 square meters in total, 2,002 square meters, including 1,382 square meters, E92 square meters, 71 square meters, G91 square meters, H13 square meters, and 1413 square meters, which are neighboring river areas, in the course of performing a reclamation work, to newly construct a house for electric source in the land owned by the wife in the Gangseo-gun Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, the Defendant buried 2,00 square meters on the river boundary.

Accordingly, the Defendant changed the form and quality of land without obtaining permission from the river management agency.

2. On May 29, 2013, the Defendant: (a) laid up the soil with a width of three meters and a height of one meter using heavy equipment on the roads located in the Gangwon-gun, Yangyang-gun; and (b) laid up two rocks on that part so as to prevent vehicles or people from passing through the road, thereby hindering the traffic by making them pass through the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Voluntary written statements of public officials of K;

1. Details of accusation against the illegal person, survey result map, and on-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of site photographs), report pre-report, and report internal investigation (road, etc. at the site of accident);

1. Article 95 of the relevant Act and Articles 95 and 33 (1) 4 of the River Act, Article 185 of the Criminal Act, the selection of fines, and the selection of fines concerning criminal facts;

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

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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