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(영문) 전주지방법원 2020.02.05 2019고단1669
하천법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, and shall not keep flowing water of a river.

Nevertheless, the defendant from July 25, 2019 to the same year.

8. By the end of 15.1, two steel stairs were installed in the area of a local river (fluorial river) in the vicinity of the building B in the Jeonju-gun, without the permission of the head of the complete Gun, for the purpose of running water play facilities for customers, and the water-saving facilities were installed in two places (specific studs, concrete 12 meters, each 12m and 8m) in the river.

As a result, the Defendant occupied the land of a river without permission from the river management agency and left the flowing water of a river.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written accusation of the head of the relevant complete Si/Gun;

1. C’s statement;

1. Land cadastre and confirmation of land use plan;

1. Application of the location map and current status photograph statutes;

1. Relevant Article of the relevant Act on criminal facts, subparagraph 5 of Article 95, Article 33 (1) 1 of the River Act, subparagraph 8 of Article 95, subparagraph 1 of Article 46 of the River Act, and the selection of imprisonment for a definite term;

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

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (the grounds for the sentencing below) are as follows: (a) the Defendant’s age, character and conduct, environment, occupation, occupation, family relationship, motive and consequence of the offense; and (b) the various sentencing conditions specified in the instant records and trial process, including the circumstances after the offense, shall be comprehensively taken into account.

- The Defendant continued to commit the instant crime despite the suspension of indictment due to the same criminal act and the previous convictions on two occasions.

- The defendant is led to confession.

- All of the above facilities were removed.

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