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(영문) 창원지방법원 마산지원 2016.04.20 2015고정562
하천법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, from March 2015 to July 28, 2015, installed a vinyl house and occupied the river facilities of the Changwon-si, Masan-si C and D local rivers E river without obtaining permission from the relevant river management authorities, from around March 2015 to around July 28, 2015.

2. As indicated in the facts charged in the instant case, in order to punish the Defendant, as stipulated in Article 95 subparag. 5 of the River Act, on the ground that the Defendant occupied and used the river facilities without permission, the river facilities must be installed lawfully.

In that sense, according to the witness F and G’s respective legal statements and the records of this case, it is recognized that the land of this case was owned by the Defendant, and the 113m2 in Changwon-si, Changwon-si, Masan-si, Masan-si D 159m2 (hereinafter “instant land”). The Gyeongnam-do Governor, from around 2006 to 2010, established a bank, which is a river facility, on the instant land, without completing the acquisition procedure or undergoing the expropriation procedure, at the time of implementing the “the project to improve wetlandss on the surface of the International Sea” in Changwon-si, Changwon-si, Changwon-si, Masan-si, Masan-si, Masan-si, and the fact that no reasonable compensation has been made up until now.

According to the above facts, establishing a bank which is a river facility without compensation for losses on the land of this case shall be deemed to be illegal. Even when examining the evidence submitted by the prosecutor, unless there is any evidence that the bank was lawfully installed, the defendant cannot be punished as a violation of Article 95 subparag. 5 of the River Act.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, the defendant is acquitted in accordance with the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced in accordance with the main sentence of Article 58(2)

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