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(영문) 의정부지방법원 2018.04.05 2018고정347
소하천정비법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Anyone who intends to occupy and use a small river shall obtain permission from the managing authority.

From October 15, 2016 to July 2017, the Defendant occupied and used the land as a restaurant by taking over the area of 256 square meters in the small river area of 256 square meters within the area of 256 square meters in the Namyang-si, a small river located in the Namyang-si, Namyang-si, a small river located in the Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, written statement, each field photograph, report on the results of each C, C,00 successor survey, the land use plan confirmation source, the ledger of land, and the report on the results of a business trip;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 27 subparagraph 3 and 14 (1) 2 of the Act on the Maintenance of Small Rivers and the Selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and against his mistake, and that considerable part of the measures for restoration of the original state seems to have been completed is recognized as normal conditions favorable to the defendant.

However, the crime of this case where the defendant occupied and used land of a small river without permission is not less than the nature of the crime in light of the contents and methods of the crime, the area and period of the defendant occupied and used without permission is relatively small. The defendant has the history of having been punished several times due to the crime of this kind, the balance of the general punishment in the same and similar cases, the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, criminal records, family relations, and economic circumstances, etc., and the punishment of this case is determined as ordered.

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