logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.08.20 2020고정619
하천법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

When it is intended to occupy and use land, occupy and use river facilities, build, rebuild or alter a structure in a river area, it shall obtain permission from the river management agency.

Nevertheless, around January 4, 2020, the Defendant occupied and used a stone shed with a total of 75 square meters of a structure using a 75 square meter in a local river area of Gyeonggi-gun B, Gyeonggi-do, without obtaining the above permission.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of accusation;

1. Photographs, site, and on-site photographs;

1. Application of land cadastre, land use plan information, and cadastral map statutes;

1. Article 95 of the relevant Act concerning facts constituting an offense, subparagraph 5 of Article 95 of the River Act that choose a sentence, Article 33 (1) 3 of the Act, and the selection of fines;

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

1. In light of the favorable circumstances such as the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes all the facts charged in the instant case, and reflects his depth, the defendant obtained permission to occupy and use the instant stone shed after the prosecution (D is the spouse of the defendant) and the defendant did not have any criminal record for the same crime, and there is no record of criminal punishment after around 2011, the punishment of the summary order against the defendant is somewhat excessive.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.

arrow