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(영문) 수원지방법원 안산지원 2017.04.12 2017고단5
공유수면관리및매립에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who operates ‘B'.

Although no person illegally occupies or uses a public water surface, he/she did not comply with the above order by November 24, 2016, even though he/she received the order to reinstate the public water surface from Ansan-si, the agency managing the public water surface by installing a temporary building of 144 square meters on the public water surface of Ansan-si, the date of detection, by November 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the reinstatement order;

1. Article 62 Subparag. 2 of the Act on the Management and Reclamation of Public Waters and Articles 62 Subparag. 2 and 8(1) (the occupation of public waters without permission), Article 64 Subparag. 3 and Article 21(2) (the occupation of public waters) of the Act on the Management and Reclamation of Public Waters, and the selection of fines for negligence;

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

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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