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(영문) 대구지방법원 경주지원 2017.09.28 2017고단414
하천법위반
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, between March 16, 2017 and April 10, 2017, the Defendant occupied and used a river by installing a steel 116-dong with a steel 116-dong or leasing it to a street store without obtaining permission from a river management agency in the D river area located in the Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. The filing of an accusation, accusation against a violation of the River Act, a report on the results of a business trip, the location map, and field photographs, an order to voluntarily remove illegal facilities, and the application of a written confirmation;

1. Relevant Article of the Act and subparagraph 5 of Article 95 of the River Act that selects criminal facts and Article 33 (1) 1 of the same Act that adopt a sentence (or choice of imprisonment);

1. Article 62(1) of the Criminal Act of the suspended execution (Article 62(1) of the same Act has a record of being punished twice as a result of the crime of the same kind, but the defendant is not able to commit such a crime again as committing an unlawful act in depth;

Various extenuating circumstances, such as being in progress)

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