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(영문) 광주지방법원 2014.11.07 2014고정1714
하천법위반등
Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

1. From around 1994, the Defendant occupied and used a river by planting a total of 46 lost trees, such as 40 pactine trees, 3 pactine trees, 3 pactine trees, etc., without permission of the competent authority, on the 150m from among the banks located within the river facilities located in the Gyeongsung-gun, Namdong-gun.

2. From September 2013, the Defendant cultivated plants on the public waters of the Republic of Korea, the Republic of Korea, from September 2013 to March 3, 2013, on the ditches of approximately 30 meters in length of bean and on the ditches of bean and bean, plants were cultivated on the public waters of the Republic of Korea, with their own reduction of their respective crops, such as bean and bean.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes in the police statement to E and F;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Occupancy and use of a river without permission as indicated in the judgment: Subparagraph 5 of Article 95 of the River Act and Article 33 (1) 2 of the same Act;

(b) Occupation of plants at public waters without permission as indicated in the judgment: Subparagraph 2 of Article 62 and Article 8 (1) subparagraph 7 of the Public Waters Management and Reclamation Act;

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

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

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

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