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(영문) 부산지방법원 2017.07.05 2017고정841
공유수면관리및매립에관한법률위반
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

Any person who intends to newly construct, rebuild, extend or alter a wharf, a breakwater, a bridge, a floodgate, a building or other artificial structure on public waters or occupy or use public waters or intends to use public waters shall obtain permission from the managing authority of public waters to occupy or use public waters.

Nevertheless, at the port entrance of the port located in Busan, which is the public waters from November 2013 to September 21, 2016, the Defendant stated in the indictment for using the public waters by prolonged mooring lines (20m x10m m) owned by the Defendant for work without permission from the public waters management authority. However, according to the Defendant’s statement and evidence record, it is obvious that it is a clerical error and there is no impediment to the Defendant’s defense right. Thus, the Defendant’s correction is recognized as above.

was made.

Summary of Evidence

1. Statement by the defendant in court;

1. A report for counter-investigation;

1. Application of Acts and subordinate statutes to the fishery response materials of Busan Regional Maritime Authority;

1. Article 62 of the Act on the Management and Reclamation of Waters for Criminal Facts and Articles 62 subparagraph 2 and 8 (1) of the Act on the Management of Waters for which Punishment is electively Shared, and Selection of a fine;

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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