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(영문) 제주지방법원 2019.08.22 2018노459
하천법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misapprehension of legal principles regarding the violation of the River Act due to changes in the form and quality of a river land among the facts charged in the instant case, is an act to prevent flood damage and constitutes a justifiable act under Article 20 of the Criminal Act. The violation of each River Act due to the unauthorized occupation and use of the river land, the gathering of earth and stones without permission, the gathering of bamboo and trees without permission, and the violation of the act prohibited within a river does not constitute a separate crime. Even if the violation of the River Act without permission constitutes separate crimes from the occupation and use of the river land without permission, the unauthorized occupation and use of the river, the gathering of soil and stones without permission, the gathering of bamboo and trees without permission, the gathering of bamboo and trees without permission, and the act of violation of the River Act due to the act prohibited within a river, it cannot be deemed that the Defendant had the intent to occupy and use the river land without permission, and the remaining earth and rocks, excluding seven points in the 17th place specified in the bill of indictment, are merely those installed in a river, and thus it cannot be deemed unfair.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. We first examine the defendant's assertion of mistake of facts and misapprehension of legal principles.

On this part of the Defendant’s assertion, the lower court held that the Defendant’s act was governed by the National Land Utilization and Planning Act in light of the following: (a) details of typhoon damage reported by the I who managed the instant forest and field; (b) the time interval between the Defendant and the Defendant’s act of changing the form and quality; and (c) the form and quality of the Defendant

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