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(영문) 수원지방법원 성남지원 2016.01.08 2015고단2153
하천법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2008, the Defendant is a person who has operated a general restaurant in the name of "C" in Gwangju City B (S).

Any person who intends to occupy and use land, occupy and use river facilities, construct, rebuild or alter structures in a river area, excavate, fill up or alter land, change the form and quality of land, change the form and quality of land, collect soil, rocks, sand and gravel, etc. in a river area shall obtain permission from the competent authority.

Nevertheless, without obtaining permission from the competent authority from around 208 to August 10, 2015, the Defendant occupied and used land in the river area, such as by installing a tent and a board on every summer metal, and using land within the river area as an outdoor business site of the said restaurant, without obtaining permission from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 95 of the Act applicable to the facts constituting a crime and subparagraph 5 of Article 95 of the River Act that selects a punishment, and Articles 33 (1) of the same Act;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act, including the fact that the Defendant, against the reason for the sentencing of Article 62(1) of the Criminal Act, has completed the restoration of the area where the occupation and use was occupied and used without permission, and the Defendant’s age, sex, occupation, living environment, motive, means and consequence of the crime, and all other circumstances constituting the conditions for the sentencing as ordered.

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