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(영문) 울산지방법원 2013.05.27 2013고정278
하천법위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to occupy and use land or to newly construct, rebuild or alter a structure within a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining the aforementioned permission from January 25, 2010 to July 2, 2012, occupied and used a temporary building (area: 68.0 square meters) consisting of joint plates and tents for the purpose of keeping fishing gear, etc. necessary for fishing and fishing in the lower river area of Taecheon River, which is a national river located in Ulsan-gu, Seocheon-dong, Ulsan-do, from around 187-3 to 187-24, which is a national river, and occupied and used the land within the river area from around that time to July 2, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A written accusation (including attached documents);

1. Current status of illegal facilities;

1. Each letter of accounts;

1. Application of Acts and subordinate statutes concerning the current status of facilities without permission under the solar river;

1. Selection of fines for the crimes under subparagraph 5 of Article 95 of the relevant Act and Article 33 (1) 1 of the River Act (unauthorized occupation and use of land), subparagraph 5 of Article 95 and Article 33 (1) 3 of the River Act (a point of construction of a new structure without permission), and selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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