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(영문) 광주지방법원 순천지원 2021.03.04 2020고정425
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, it shall be seven days.

Reasons

Punishment of the crime

The defendant is a person who resides in B at the time of leisure and is engaged in farming and fishing.

1. Any person who intends to occupy and use public waters shall obtain permission to occupy or use public waters from the management agency of such public waters;

Nevertheless, from March 2020 to April 28, 2020, the Defendant: (a) loaded a fishing vessel D (1.51 ton) and a 181 square meter of public waters with a fishing vessel owned by the Defendant without obtaining permission for a leisure market on the public waters owned by a fish farm during the summer-si period from March 2020 to April 28, 2020.

Accordingly, the defendant occupied and used public waters without obtaining permission to occupy and use public waters from the leisure market.

2. Where a person liable to reinstate public waters fails to take measures, etc. necessary for reinstatement, the management agency of public waters may issue an order to reinstate public waters within a fixed period, and the person liable to reinstate shall comply therewith;

Nevertheless, on March 20, 2020, the Defendant did not remove a grave facility without a vessel or a grave facility within a period of time, even though he/she received a public notice of reinstatement order to remove a vessel or a grave facility by illegally occupying and using a land owned by C at the time of leisure from the female market at the time of leisure on or around March 20, 2020, by April 16, 2020.

Accordingly, the defendant did not comply with the order to reinstate the common waters in the leisure market.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the illegal occupation and use of public waters and the results of business trips;

1. Application of Acts and subordinate statutes on investigation reports (suspect A, implementation of reinstatement), and accompanying materials;

1. Article 62 subparagraph 2 of the Act on the Management and Reclamation of Public Waters and Articles 62 and 8 (1) (the occupation and use of public waters), Article 64 subparagraph 3 of the Act on the Management and Reclamation of Public Waters, and Article 21 (2) (the occupation and use of public waters) of the Act on the Management of Public Waters and Reclamation, and the selection of fines for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act (amount of money converted: 100,000 won per day) to attract a workhouse;

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