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(영문) 의정부지방법원 2018.04.11 2018고정325
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

A person who intends to occupy and use land, occupy and use river facilities, construct, rebuild or alter a structure, excavate, fill the ground, cut the ground, change the form and quality of land in a river area shall obtain permission from the river management agency.

Nevertheless, on July 5, 2017, the Defendant occupied and used land by cutting and raising land of 200 square meters in size by using an excavated machine without obtaining permission from the river management authority in Pyeongtaek-gun B, which is a river area of around 10:00, and newly constructing eight roads with a scale of four square meters or less as a regrads.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. Application of statutes on site photographs;

1. Relevant Article of the River Act and Articles 95 subparagraph 5, 33 (1) 1 (the occupation of an unauthorized land) of the River Act, Article 95 subparagraph 5, and Article 33 (1) 3 (the occupation of a new structure without permission) of the River Act, Article 95 subparagraph 5 of the River Act, and Article 33 (1) 4 (the occupation of a new structure without permission) of the same Act concerning criminal facts; the selection of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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