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(영문) 청주지방법원 제천지원 2018.10.18 2018고정50
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to occupy and use public waters shall obtain permission for occupancy or use of public waters from the management authority of public waters, as prescribed by Presidential Decree.

Nevertheless, on March 2018, the Defendant occupied and used 1,538 square meters of public waters, such as cutting the virtue with the digging hole from the ground of public waters to the beginning of March 26, 2018 without obtaining permission from the competent authorities, cutting down the virtue with the digging hole, cutting the miscellaneous trees with the earth and rocks, and cutting the waterway with the earth and rocks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement protocol by the police for E;

1. Notification of an order for restoration from sources of illegal acts on public waters;

1. Report on results of business trips and sites for photographs;

1. Contracts for the creation of good farmland;

1. A certificate of all registered matters: Land;

1. A certified copy of cadastral map;

1. Application of Acts and subordinate statutes confirming land use plans;

1. Article 62 Subparag. 2 of the relevant Act and Articles 62 Subparag. 2 and 8(1)11 of the Act on the Management of and Reclamation of Public Waters for Criminal Facts (the area of penalty, which is broad, but has no record of the same crime; the period of unauthorized occupation does not exceed 2-3 months; the period of unauthorized occupation does not exceed 2-3 months; and all of the persons recovered from their original state in accordance with an order of the competent administrative agency, etc. shall be reduced by a fine for a summary order);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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