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(영문) 광주지방법원 2016.08.18 2016고정681
공유수면관리및매립에관한법률위반
Text

Defendants shall be punished by a fine of KRW 3,000,000 (O million), and in the case of Defendant A, the said fine shall be paid.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, and the defendant B is the corporation established for the purpose of collecting, producing, and selling aggregate in Yong-Gun D all over the remaining Young-gun.

1. Defendant A

(a) Any person who intends to occupy and use public waters shall obtain permission to occupy and use public waters from the management agency of such public waters;

Nevertheless, the Defendant occupied or used public waters without permission from the Young-gun Military Office, the competent authority, for the occupation or use of public waters. From November 09, 2015 to December 21, 2015, the Defendant occupied or used public waters without permission by putting five rocks, such as F (ship number G, length G, length 67, width 20, depth 20, 3.7 meters) on the public waters jointly owned by the Young-Gun E branch line in order.

(b) Any person who intends to reclaim public waters shall obtain a license to reclaim public waters from the reclamation licensing authority by specifying the purpose of reclamation, as prescribed by Presidential Decree;

Nevertheless, from the end of November 2015 to the end of December, 12, 2015, the Defendant buried approximately six square meters of the public waters owned by the branch line E in Young-gun, Young-gun without a license to reclaim it.

2. The Defendant (State) committed a violation as set forth in Paragraph 1. with respect to the Defendant’s work as Defendant’s employee, as set forth in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Each statement made to H, I, J, and K by the police;

1. Application of Acts and subordinate statutes to a report on confirmation of civil petitions for the occupation and use of public waters, a report on a business trip to confirm civil petitions for the reclamation of public waters, an order to reinstate the public waters, a report on the results of a business trip to confirm the reinstatement, a report on attachment of site photographs (the No. 4,6,7

1. Subparagraph 2 and 4 of Article 62 of the Act on the Management and Reclamation of Public Waters, Article 8 (1), and Article 28 of the same Act concerning 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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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