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(영문) 전주지방법원 2020.06.18 2019고단1594
하천법위반
Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for two years 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, and shall not keep flowing water of a river.

On June 6, 2019, the Defendant: (a) laid down stone concrete (70 meters in length) without obtaining permission from the head of complete Gun for the purpose of flat lending business; and (b) installed two water-saving facilities on the river.

The Defendant occupied the land of a river without permission from the river management agency and kept flowing water of a river.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the location map and current status photograph statutes;

1. Subparagraph 5 of Article 95, Article 33 (1) 1, subparagraph 8 of Article 95, and subparagraph 1 of Article 46 of the River Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. Recognition of errors in the determination of punishment under Article 62-2 of the Probation Criminal Act;

The crime of the same content is punished by a fine at least four times, and there are six other fines.

It appears to be a crime for livelihood, tried to restore to the original state, and considered the defendant's disability.

However, it takes into account the personality and behavior that repeats such crimes.

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