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(영문) 의정부지방법원 2015.07.16 2015고정642
하천법위반등
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay a fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to occupy and use land, construct, rebuild or alter a structure in a river area shall obtain permission from the river management agency.

Nevertheless, the Defendant, without obtaining permission from September 2010 to March 2014, occupied and used land in the river area by newly constructing 12 structures of a total size of 293.43 square meters in the area of Gyeonggi-do, C, D, and E located in the river area.

Summary of Evidence

1. Defendant's legal statement;

1. Details of accusation and accusation regarding the G production;

1. Application of the current status of installation of structures and statutes on site photographs;

1. Article 95 subparagraph 5 of the River Act and Article 33 (1) of the same Act concerning facts constituting an offense.

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

1. The gist of the violation of the Building Act among the facts charged in the instant case under Article 334(1) of the Criminal Procedure Act is to construct a building with a total floor area of less than 200 square meters and less than three floors in a planned control area, an agricultural and forest area, or a natural environment conservation area under the National Land Planning and Utilization Act, the competent authority should file a report thereon (Article 14(1)2 of the Building Act). However, the Defendant, without filing a report, newly constructed 12 buildings at a place indicated in the facts charged as planned control area from September 20 to March 2014.

The term "building" means a structure settled on land, with a roof and columns or walls and facilities appurtenant thereto; an office, a performance place, a shop, a garage, or a warehouse installed on an underground or elevated structure; and others prescribed by Presidential Decree.

(Article 2(1)2 of the Building Act (Article 2(1)2 of the Building Act). However, it is difficult to view the case as a building under the Building Act because there is no roof or wall due to the increase of the roof, etc., or there is no other evidence to prove that the case constitutes a building.

In addition, Article 20(3) of the Building Act and Article 15 of the Enforcement Decree of the Building Act.

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