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(영문) 창원지방법원 마산지원 2014.02.13 2014고정24
공유수면관리및매립에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. No person shall construct, rebuild, extend, alter or remove a wharf, a breakwater, a bridge, a floodgate, a building or other artificial structure on any public waters without obtaining permission for the occupation or use of the public waters from the management agency of public waters;

Nevertheless, the Defendant, without obtaining permission for occupation or use of public waters from the management authority of public waters from August 3, 2013 to August 5, 2013, used approximately 8 PE pipes (PE pipes), an artificial structure, as an agricultural road, as an artificial structure, on the ditch 1855 ditch, if the development of Masan-si, which is the public waters, was conducted from around August 3, 2013 to around August 5, 2013

2. Any person who uses public waters by installing an artificial structure without obtaining permission for occupancy or use of public waters from the management agency of public waters shall fulfill an order to reinstate the management agency of public waters;

Nevertheless, from August 6, 2013 to October 2, 2013, the Defendant did not comply with an order to reinstate more than three times, the management agency of Mhappo-gu Office, with respect to removal, such as PE (PE), which is an artificial structure installed in the ditch 1855 ditch, if the development of Mhappo-si, which is the said public waters, was made from around August 6, 2013 to around October 2, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant legal provisions for facts constituting an offense and Articles 62 subparag. 2, 8 (1) 1 (the use of unregistered public waters), 64 subparag. 3, and 21 (2) (the non-compliance with an order of reinstatement) of the Act on the Management of Public Waters and Reclamation of Public Waters, and selection of each fine (such as the first offense, confession, reflectivity, circumstance of the case, and the fact that the case now has come to be restored);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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