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(영문) 의정부지방법원 2020.05.07 2019고정1792
하천법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual rural bed and fishing village house in Gyeonggi-si, B, “C”.

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the river management agency from May 2018 to July 18, 2019, occupied and used a river by installing 9 prefabricated buildings with a total area of 196 square meters in the river area (local rivers E) of Gyeonggi-si D Daywon in Gyeonggi-si, Gyeonggi-do, and one container operation.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, intensity, aerial photography, and report on the current status of buildings;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 95 of the relevant Act concerning criminal facts, subparagraph 5 of Article 95 of the River Act that selects punishment, and Article 33 (1) 1 of the same Act and the selection of fines;

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

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant's recognition of the crime of this case, the removal of the current prefabricated building and the restoration to its original state is deemed to have been achieved, and the fact that there is no record of punishment for the same criminal record: The crime of this case is committed in light of the size, period, etc. of the defendant's occupation and use of a river by establishing several Dongs of the prefabricated building (a lease of the above building and a lodging business) without permission.

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