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(영문) 창원지방법원 밀양지원 2016.11.24 2016고단427
하천법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency.

Nevertheless, on July 15, 2016, the Defendant, without obtaining permission from the competent administrative agency, installed a flat nine square meter in the area of 80 square meters within the river area within the area of Sicheon-si, a local river located in Seoyang-si, Seoyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (Attachment to the same kind of case);

1. Subparagraph 5 of Article 95 of the River Act and Article 33 (1) 1 of the same Act concerning facts constituting an offense;

1. Selection of alternative imprisonment with prison labor (including that there exists any past record that the accused has been punished as a violation of the River Act in 2012 and 2015);

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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