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(영문) 창원지방법원 진주지원 2014.08.21 2014고정268
하천법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a child of B (the suspension of indictment on the same day) and is a father.

1. A person who intends to excavate, embanking, cut land, or alter the form and quality of other land in a criminal river area on January 23, 2014 shall obtain permission from the river management agency;

Nevertheless, the Defendant, in collusion with B from January 21, 2014 to July 3, 2017:30 of the same month, embling the form and quality of the above land by making use of a digging hole for the purpose of cultivating crops without obtaining permission from a river management agency with respect to the aggregate of the land located in the Gyeong-dong, Hanam-gun and the area of the land located in the Donnam-do and D, which is the river area of the Seodo River,

2. A person who intends to excavate, embanking, cut land, or alter the form and quality of land in a criminal river area on January 27, 2014 shall obtain permission from the river management agency.

Nevertheless, the Defendant, in collusion with B, excavated from January 21, 2014 to April 27, 2012 of the same month, about approximately 2,000 square meters in size E in the Gyeong-dong, Hanam-dong, Seoul-gun, a river management agency, for the purpose of cultivating crops without obtaining permission to occupy and use a river in a river area of approximately 2,000 square meters, and stored a stone shed, thereby changing the form and quality of the above land.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Each statement of the F;

1. Each location map and on-site photograph;

1. Application of the statutes of each land use planning confirmation agency;

1. Article 95 subparagraph 5 of the River Act and Article 33 (1) 4 of the same Act, Article 30 of the Criminal Act, the selection of fines, and the selection of fines, in regard to 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 (1) 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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