logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.05.12 2016고정2593
하천법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual operator of the Oral Campping Chapter C.

1. From April 10, 2012, the Defendant occupied and used a management office which is an illegal structure within a river area without obtaining permission to occupy and use a river in a river area of Youngcheon-si D, and a room for the escape of men and women in a river area without obtaining permission to occupy and use a river in a river area of Youngcheon-si.

2. The Defendant, who failed to comply with the original restoration order, did not implement the order even though he/she was notified of the original restoration of the occupation and use of the land on one occasion (in December 31, 2015), twice (in February 29, 2016) and three occasions (in July 31, 2016), by occupying and using the land in a river area without permission from the river management agency, as described in the foregoing paragraph (1).

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each protocol concerning the examination of the police officers in relation to E, F, and G;

1. Statement made by the police with H;

1. A written accusation;

1. Survey result map, photograph, official document requested by a Myeon office, official document notified of each original state restoration, and contract for the sale and purchase of real estate;

1. Investigation report (verification of the use of a management office of the cryping site and a room for women and men of women), the application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the River Act, subparagraph 5 of Article 95, Article 33 (1) 1 (the occupation of a river area without permission), Article 95 subparagraph 10, Article 69 (1) 1, and Article 33 (1) 1 (the occupation of a non-compliance with an order for restoration from the original state) of the River Act, each of which is subject to a fine, with regard to facts constituting an offense;

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

arrow