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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. The defendant is a person engaged in the livestock industry of 2018 Highly 233;
Any person who intends to occupy and use land or to newly construct, rebuild or alter a structure in a river area shall obtain permission from the competent river management agency, as prescribed by Presidential Decree.
Nevertheless, in June 2016, the Defendant newly built one Dong in the area of 157.470 square meters and 209 square meters on the ground of Gyeonggi-gun, Gyeonggi-do, 2016.
As a result, the Defendant newly built a river unit, which is a structure, without obtaining permission from the river management agency, and occupied and used land.
2. Any person who intends to construct a temporary building, such as a vinyl house, etc. for the purpose of cutting off the 201st regular 401 livestock shed, shall report it to the competent administrative agency.
Nevertheless, the Defendant, without reporting to the competent authorities around July 2013, constructed a check room with a size of 162.4 square meters of a plastic house structure in Ycheon-gun C.
Summary of Evidence
"2018 High 233"
1. Statement by the defendant in court;
1. The accusation book, on-site photograph, and satellite photograph;
1. Current status of the violations of the River Act, 2018, 401;
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes on accusation, site photographs, land use plans, and current status of violated buildings;
1. Article 95 of the relevant Act on criminal facts, Article 95 subparagraph 5 of the River Act, Article 33 (1) of the River Act (the occupation and use of a non-permitted river), Article 111 subparagraph 1 of the former Building Act (amended by Act No. 12246, Jan. 14, 2014); Article 20 (2) of the former Building Act (the occupation of a non-reported building); the selection of fines, respectively,
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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order shows the attitude of the defendant as to the time when the crime of this case was committed, the size of the newly constructed structure without permission or reporting is relatively small. The balance between similar cases and similar cases, and the circumstances leading the defendant to commit the crime of this case shall be determined as ordered in consideration of the following factors.