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(영문) 전주지방법원 군산지원 2012.11.21 2012고정628
공유수면관리및매립에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner and the captain of a coastal fishing vessel C (1.63 tons in total) at the time of military delivery.

1. Any person who intends to occupy or use public waters, such as new construction of buildings or artificial structures, shall obtain permission for occupancy or use from the management agency of public waters;

Nevertheless, on March 2009, the Defendant, without obtaining permission to occupy and use public waters, installed a water structure ( approximately 6m a. 6m and approximately 9m a. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d.,

2. Any person who occupies or uses public waters without obtaining permission for occupancy or use of public waters or consultation or approval for occupancy or use of public waters shall take measures necessary for reinstatement;

Nevertheless, even though the Defendant received an order to reinstate from the Gunsan Regional Maritime Port Authority, which is the management agency of public waters on February 28, 2012, the Defendant failed to comply with the order to reinstate more than twice in total on the grounds that the water structure is a space necessary for operation, etc.

(1) On March 28, 2012, attached to the water structure stated in the above paragraph (a) until March 26, 2012, 2012, the summary of evidence, the defendant's statement in court, the complaint against the illegal user of public waters, and the application of the statutes governing each order to reinstate public waters, until April 25, 2012, in which case the defendant's order to reinstate public waters was issued on February 28, 2012.

1. Subparagraph 2 of Article 62, Article 8 (1) of the Act on the Management and Reclamation of Public Waters (the occupation and use of public waters without permission) on criminal facts, subparagraph 3 of Article 64 and Article 21 (2) of the Act on the Management and Reclamation of Public Waters (the occupation and use of public waters) on the Management and Reclamation of Public Waters;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334(1) of the Criminal Procedure Act: Persons involved in the litigation;

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