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(영문) 대구지방법원 경주지원 2021.02.16 2020고정69
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture.

Any person who intends to newly construct artificial structures on public waters shall obtain permission to occupy or use public waters from the management authority of public waters.

Nevertheless, on June 1, 2016, the Defendant arbitrarily installed a drainage pipe of 4 meters high from 4 meters to 4600 meters high from 4 meters high to 400 meters high to 4 meters for the purpose of growing agricultural products on the site of ditches (gulul) located on the side of the racing, which is the co-owned waters.

Summary of Evidence

1. Statement by the police against C by the defendant at court;

1. The filing of an accusation - The application of a written accusation, photograph, site, relevant law, report on the results of a business trip, on-site photographing legislation;

1. Article 62 of the relevant Act and Article 62 subparagraph 2 of the Act on the Management of and Reclamation of Public Waters for the elective Ownership of Public Waters, and Article 8 (1) (a) of the Act on the Management of and Reclamation of Public Waters for Criminal Facts, and the Selection of a fine;

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

1. The summary of the charge under Article 334(1) of the Criminal Procedure Act, which is not guilty, is a person engaged in agriculture.

Any person who has occupied or used public waters without obtaining an occupancy or use permit or consultation or approval on occupancy or use of public waters shall remove artificial structures, installations, earth and rocks and other things installed on the relevant public waters and reinstate the relevant public waters.

Nevertheless, on June 7, 2019, the Defendant received an order for restoration from the head of the South-west side of the race city to the original state due to the violation of the Act on the Management and Reclamation of Public Waters, but did not remove concrete residues in the site of ditches located on the racing-si.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt, and thus, the conviction is to be based on such evidence.

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