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(영문) 전주지방법원 군산지원 2015.10.28 2015고정323
공유수면관리및매립에관한법률위반
Text

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 the owner and captain of B (1.44 tons and coastal complex) of military shipment at the time of mountain.

1. He/she shall not occupy or use public waters without obtaining permission for occupancy or use of public waters from the management agency of public waters in violation of the Public Waters Management and Reclamation Act due to unauthorized occupancy of public waters;

Nevertheless, from August 2014 to April 1, 2015, the Defendant occupied and used public waters without permission by the chief of the regional maritime affairs and fisheries office having jurisdiction over the public waters in front of 10 meters of the breakwater white light, which is located in the non-opic port of non-opic port in the front of the North west-si of the North Gun, for the purpose of facilitating work, such as screening of fish and the loss of its objects, without obtaining permission from the chief of the regional maritime affairs and fisheries office, which is the competent management office, for the purpose of using the public waters, for the purpose of using a wood plate (under his/her bottom and anchor installation) of approximately 5 meters of width x 10 meters of length length on the floor.

2. A person obligated to reinstate public waters in violation of the Public Waters Management and Reclamation Act due to the failure to comply with an order to reinstate shall comply with such order, upon receipt of an order to reinstate from the management agency of public waters.

Nevertheless, on February 9, 2015, the Defendant continued to occupy and use public waters without permission until March 9, 2015, despite having received an order to reinstate public waters from the chief of a regional maritime affairs and fisheries office to reinstate the buildings indicated in paragraph (1) by March 9, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the illegal water structure management ledger and orders to reinstate public waters;

1. Subparagraph 2 of Article 62 of the relevant Act on the Management and Reclamation of Public Waters, Article 8 (1) of the Act on the Management and Reclamation of Public Waters, subparagraph 3 of Article 64 and Article 21 (2) of the Public Waters Management and Reclamation Act on criminal facts;

1. Punishment;

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