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(영문) 전주지방법원 2015.07.22 2015고정321
하천법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates D in Jeonbuk-gun C.

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

Nevertheless, two steel structures with size of 64.4 square meters and 31.15 square meters and 25 square meters of concrete brick structure, which fall under the river area around October 1993, have been installed, and land has been occupied for about 21 years until November 26, 2014.

Accordingly, the Defendant occupied land in the river area without permission from the river management agency.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Accusation;

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 95 of the relevant Act on criminal facts and subparagraph 5 of Article 95 of the River Act, the selection of fines, and the selection of fines;

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

1. The sentencing period and degree of violation of Article 334(1) of the Criminal Procedure Act for the sentencing of the instant crime, the removal of the Defendant’s structures, etc. after the instant crime, the Defendant did not have any previous conviction in addition to fines once every 20 years, and the Defendant’s health, living environment, etc. shall be determined as ordered by the order.

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