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(영문) 대전지방법원 서산지원 2018.10.17 2018고정193
공유수면관리및매립에관한법률위반
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates C in the area of 1,650 square meters (hereinafter referred to as “shared waters of this case”) of B 1,650 square meters per Jin-si, and a person who reclaims public waters without obtaining a reclamation license shall comply with such order, if the authorizing or permitting authorities issue an order to reinstate the public waters.

Nevertheless, even if he/she received an order to reinstate the public waters in this case, which were buried without the date unclaimed reclamation license, on three occasions from the Jinjin market during the period from March 22, 2016 to April 15, 2016 (1j), from February 28, 2017 to March 31, 2017 (2j), and from September 25, 2017 to October 27, 2017 (3j).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes to a written accusation, reinstatement, and removal order;

1. Article 63 of the Act on the Management and Reclamation of Waters for Criminal Facts and Articles 63 subparag. 5 and 54 (2) of the Act on the Management of Waters for which Punishment is electively Shared, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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