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(영문) 광주지방법원 목포지원 2015.09.22 2015고정240
공유수면관리및매립에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A, B, and C Bill of Indictment is written as “N,” but appears to be a clerical error;

D, E, F, G, and H are members of the “I Association” who reside at the time of Franposing and are engaged in the fishing vessel business.

Any person who intends to occupy or use public waters shall obtain permission for occupancy or use of public waters from the management agency of public waters, as prescribed by Presidential Decree.

Defendants did not obtain permission for the occupation and use of the public waters such as the river, etc. from the head of the wooden Regional Maritime Affairs and Port Office, the management authority of the public waters on the front of the peace plaza in Sinpo-si.

Defendants, J, K, L, and M shall each be charged with KRW 1.5 million each other at the bottom of the date on 2012, to purchase and install a fishing vessel mooring vessel for which fishermen can safely board and disembark the fishing vessel, and to the money collected by members at their own expense.

4.1.Around January 1, 200, purchase base vessels for mooring fishing vessels and manufacture base vessels connecting land and mooringss.

Defendants and J, K, L, and M jointly, around August 20, 2012, installed a fishing vessel mooring boat and a landing bridge on the sea near the side of the peace plaza, and occupied and used public waters until October 6, 2014, without obtaining permission from the Ganpo Regional Maritime Port Authority, the management authority of public waters.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of J, K, L, or M;

1. Application of Acts and subordinate statutes to the I Association, reports on violations of the Act on the Management and Reclamation of Public Waters, on-site photographs and drawings of location, and documentary evidence photographs (charter fishing boats and bags adjacent to the peace square);

1. Article 62 subparagraph 2 of Article 62 and Article 8 (1) of the Act on the Management and Reclamation of Public Waters and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the orders for provisional payment;

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