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(영문) 창원지방법원 2016.05.20 2015고단3153
하천법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the head of Kimhae-si C Village.

1. On June 2015, the Defendant laid down a size of approximately 2,000 square meters without obtaining permission from a river management authority, from a railroad site located in Kimhae-si, which is a river area of Junghae-si, which is a river basin.

2. On July 2, 2015, the Defendant did not comply with an order of restoration from the Kimhae market to July 30, 2015, even though he received an order of restoration from the original state, ordering the Defendant to correct the illegal act described in the above paragraph 1 from the Kimhae market at the residence of the Defendant located in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The accusation, on-site photographs;

1. A supplementary statement of public officials;

1. A criminal investigation report (Attachment of reinforced materials);

1. The land use plan confirmation source, the land register, and river basin drawings;

1. Application of Acts and subordinate statutes to investigation reports (limited to restoration of the original state of illegal acts within a river area and voluntary removal);

1. The occupation and use of a river without permission for the relevant legal provisions on criminal facts: The occupation and use of a river without permission for the occupation and use of the river under Article 95 subparagraph 5 of the River Act and Article 33 (1) subparagraph 4 of the same Act: Violation of an order by the river management agency under Article 95 subparagraph 10 of the River Act and Article 69 (1) 1 of the same Act;

1. Selection of each alternative fine for punishment;

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

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (where there are no particular criminal history for the defendant, and where there are circumstances to consider in the process of committing the instant railroad site after obtaining permission from the Railroad Corporation under the direction of the public official in charge of Kim Jong-hae, and there are no profits that the defendant personally

1. A fine not exceeding three million won to be imposed on the person subject to the suspended sentence (an amount of money to be seized: 100,000 won per day);

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