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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who divings.
1. Where any person intends to build a building on any public waters without permission, he/she shall obtain permission to occupy or use public waters from the management agency of public waters;
Nevertheless, from July 25, 2018 to August 23, 2018, the Defendant without permission to occupy or use public waters, installed a temporary facility of about 8 meters wide and about 8 meters long from public waters located in the land line B B in Busan Young-gu, Busan, and occupied or used public waters without permission.
2. On July 25, 2018, the Defendant, who failed to comply with an order of reinstatement, even though he/she received an order of removal from a public official in charge of the Busan Regional Maritime and Fisheries Office by August 13, 2018 from the above temporary facilities.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Accusation against a violator of the Public Waters Management and Reclamation Act (C);
1. Each photograph;
1. Application of Acts and subordinate statutes to a report on investigation (additional facts of suspicion);
1. Article 62 Subparag. 2, Article 8(1) (unauthorized occupation and use of public waters), Article 64 Subparag. 3, and Article 21(2) (Article 257(1)) of the Act on the Management and Reclamation of Specific Criminal Records and Articles 62 Subparag. 2, 8(1) (unauthorized occupation and use of public waters), Article 64 Subparag. 3, and
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order include two times the defendant with the same criminal records and without permission, occupation and use public waters by installing a tent and a person, and the public official in charge failed to comply with the restoration order is not easy.
On the other hand, the defendant's leading to the crime of this case is due to the fact that the place of occupation and use without any existing problem was the corporation, and there are circumstances to consider the circumstances of the crime.