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(영문) 청주지방법원 제천지원 2015.07.09 2015고단155
하천법위반등
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to occupy and use land in a criminal river area on July 30, 2014 shall obtain permission from the competent river management agency;

Nevertheless, on July 30, 2014, the Defendant occupied a river area by piling up a stone dump (4mpump) in Chungcheong-gun C, a river area, a river area around July 30, 2014 without obtaining permission from the competent river management agency.

2. A person who intends to occupy and use land in a river area for the crime committed in September 2014 shall obtain permission from the competent river management agency, and a person who intends to construct a building with a total floor area of not more than 100 square meters shall report it to the competent administrative agency.

Nevertheless, on September 2014, the Defendant established a container of the total floor area of 18 square meters and occupied the river area as a material for light fluorial steel, in Chungcheong-gun C, a river zone, which is a river zone, with permission from the competent river management agency or without reporting to the competent administrative agency.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on civil petitioners D and hearing statements by public officials in charge of the branch offices of the Yangyang-gun Office;

1. On-site business trips and reports on results;

1. Statement of the circumstances of E and report on the business trip of E;

1. Survey result map, each cadastral map and location map of the cadastral status;

1. Restoration orders, such as removal of unauthorized occupancy materials in the river site, and urge the removal of unauthorized occupancy and use facilities for restoration;

1. Submission of the results of examination of legality of a building;

1. A report on investigation (Attachment of a field photograph);

1. Application of the Acts and subordinate statutes on each photograph, airline, or photographic site;

1. Subparagraph 5 of Article 95 and Article 33 (1) 1 of the former River Act (amended by Act No. 1294, Jan. 6, 2015); Article 111 Subparag. 1 and Article 14 (1) 5 of the Building Act (unreported construction) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order are without permission.

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