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(영문) 창원지방법원 2019.08.13 2019고정119
하천법위반
Text

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

However, each of the above fines for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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, and shall not occupy and use any river without obtaining such permission.

1. Defendant A, as the representative director of the Company B, occupied and used the land in the river area from February 2, 2018 to December 2, 2018, by putting the ship houses out of approximately 720 square meters without obtaining permission from the competent authority, without obtaining permission from the competent authority.

2. The Defendant B, a representative of the Defendant, committed the same offense as that of the Defendant’s business at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of D police statement;

1. On-site photographs;

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

1. Defendant A who committed a crime: Article 95 subparagraph 5 of the River Act and Article 33 (1) 1 of the same Act; Article 97, subparagraph 5 of Article 95 of the River Act; Article 33 (1) 1 of the same Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The defendants make confessions and reflects as a substitute, permission for occupation and use was obtained for dredging vessels which are indivisible with the relevant officers, taking into account favorable circumstances such as the fact that the defendants completed restitution to the original state);

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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