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(영문) 의정부지방법원 2020.11.26 2020고정1481
하천법위반
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

The Defendant is a representative and actual operator of a mutual business entity called “C” located in the Namyang-si.

1. Any person who intends to perform an act that may hinder the preservation and management of a river in a river area without permission shall obtain permission from the river management agency, as prescribed by Presidential Decree;

Nevertheless, from March 2020 to July 2020, the Defendant used the excursion ship wharf (three roads, one thousand one hundred and seventy square meters) which is an act that may interfere with the preservation and management of rivers without obtaining permission for occupation and use of a river from a river management agency in Nam-si, Nam-si, a national river (North Korean river), for a business purpose, installed a excursion ship wharf (three roads, one thousand one hundred and seventy square meters), which is an act that may interfere with the preservation and management of rivers.

2. Any person who intends to perform an act that may obstruct the preservation and management of a river within a river area not performed by the river management agency as ordered shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Any person who is ordered by the river management agency to rebuild, alter, relocate or remove any structures or things in violation of this, shall perform it.

Nevertheless, the Defendant, without obtaining permission from the river management agency, received a corrective order (the first: May 4, 2020 / the second: June 2, 2020 / the second: June 2, 2020) with respect to the excursion ship wharf (three Dongs, a scale of 600 square meters) within the river area in the area in the Namyang-gu, the river management agency, and did not implement the order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of witness by the police officer regarding D;

1. A prior notice, written warning, etc. of the corrective order;

1. A statement of investigation of offenses (prior notice on May 4, 2020);

1. Water-related leisure business registration certificate;

1. Investigation reports (Attachment of site photographs to illegal acts in a river area), application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Act concerning criminal facts, subparagraph 5 of Article 95 and Article 33 (1) 6 of the River Act (a point where a river area has been occupied without permission) and the provisions of this Article of the River Act shall be applicable in Acts;

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