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(영문) 대전지방법원 서산지원 2014.10.10 2013고정404
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person obligated to reinstate at the end of the period of occupation and use of public waters shall remove artificial structures, installations, earth, rocks or other things installed on the relevant public waters, and reinstate the relevant public waters, and where the management agency of public waters issues an order to reinstate because it fails to reinstate the relevant public waters, it shall comply therewith.

Nevertheless, the Defendant did not recover the relevant public waters despite the expiration of the period of occupation and use of the public waters of 630 square meters located in Jinjin-si, Si, as it did not recover such public waters to the original state on August 7, 2010, and the same year from the Jin-si market.

7. 8.2 times, despite the receipt of an order to reinstate the public waters in question, the public waters were not performed without any reason.

Summary of Evidence

1. Legal statement of witness D;

1. Report on illegal occupation and use of public waters on site;

1. Restoration of illegal occupation and use of public waters and orders to remove illegal buildings;

1. Application of Acts and subordinate statutes to illegally occupied and used buildings of public waters;

1. Article 64 subparagraph 3 of the Act on the Management and Reclamation of Public Waters, Articles 64 and 21 (2) of the same Act concerning criminal facts and the selection of fines;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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