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(영문) 수원지방법원 안산지원 2015.01.20 2014고정1796
공유수면관리및매립에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who is a human-friendly relationship with the defendant and B, and the defendant leased D, which is located in Ansan-si, a public waters around April 2010, to B, and B, from April 2010, is a person who leases and substantially operates the above D.

1. Where it intends to occupy or use public waters without permission, it shall obtain permission for occupancy or use of public waters from the management agency of public waters;

Nevertheless, the Defendant and B conspired with each other on April 2010 to October 20, 2014, without obtaining permission for occupation and use, and installed and operated D in Ansan-si, an Ansan-si, public waters, thereby occupying and using approximately 903.7 square meters of public waters.

2. Any person who occupies or uses public waters without obtaining permission for a failure to comply with an order to reinstate such public waters shall remove artificial structures, installations, etc. installed on public waters and reinstate such public waters;

Nevertheless, around March 4, 2014, the Defendant and B did not comply with the order to voluntarily remove the above violation from the Ansan market until March 28, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and B;

1. Written accusation, written accusation, or written order for restitution;

1. Application of statutes on site photographs;

1. Article 62 Subparag. 2 and Article 8(1) of the Act on the Management of Public Waters and Reclamation of Specific Criminal Records; Article 30 of the Criminal Act; Article 64 Subparag. 3 and Article 21(2) of the Public Waters Management and Reclamation Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; the selection of fines;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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