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(영문) 수원지방법원 안산지원 2016.02.16 2015고정1812
공유수면관리및매립에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. When it is intended to occupy and use public waters, he/she shall obtain permission to occupy or use public waters from the management agency of such public waters;

Nevertheless, from May to October 12, 2015, the Defendant occupied and used a temporary building of approximately KRW 92,59 square meters on the ship wharf B in Ansan-si, Ansan-si, the Defendant installed three units of a temporary building on May 2, 2007 to operate a melting horse, thereby using it without permission.

2. Any person who occupies or uses public waters without obtaining an occupancy or use permit or consultation or approval for occupancy or use of public waters shall remove artificial structures, installations, soil, stones and other things installed on the relevant public waters and recover the relevant public waters;

Nevertheless, the Defendant failed to comply with an order of reinstatement within a fixed period, even though he/she received a notification of restitution (voluntary removal) from the mayor of Ansan on July 20, 2015 from August 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Requesting an accusation following the unauthorized occupation and use of public waters or the failure to reinstate the public waters, taking on-site photographs, issuing an order for reinstatement, and applying statutes on site photographs;

1. Article 62 Subparag. 2 of the relevant Act and Articles 62 Subparag. 2 and 8 Subparag. 1 of the Act on the Management and Reclamation of Public Waters (the occupation and use of public waters without permission), Article 64 Subparag. 3 and Article 21(2) of the Act on the Management and Reclamation of Public Waters, and selection of fines for negligence;

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

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

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

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