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(영문) 수원지방법원 성남지원 2017.01.18 2016고단3071
하천법위반
Text

As to the crime No. 1 of the judgment of the defendant, a fine of KRW 3 million shall be imposed on the crime No. 2 of the judgment, and a fine of KRW 2 million shall be imposed.

Reasons

Punishment of the crime

On May 26, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a special injury in support of Sungnam branch of Suwon branch of Suwon branch of Korea on May 26, 201, and one year of suspended execution, which became final and conclusive on June 3, 2016, and is currently under suspended execution.

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

Nevertheless, from January 9, 2016 to October 14, 2016, the Defendant installed a vinyl house, etc. to use it as farmland in the area of the Gyeonggi-si B, C, and D (Tcheon), which is a river area, and 2,421 square meters.

Accordingly, the defendant occupied land in the river area without obtaining permission from the competent authorities.

2. No person shall violate any order issued by a river management agency with respect to permission to occupy and use a river in a river area;

On May 13, 2016, the Defendant violated the order to restore the river area described in paragraph (1) occupied by the Defendant from the head of the area adjacent to a mountain village to its original state by May 31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of an accusation, an investigation report on illegal acts, and an order for restoration to the original state within a river site (the first, second, and third vehicles);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Selection of a fine for a crime under subparagraph 5 or 10 of Article 95 of the River Act, Article 33 (1) 1, or Article 69 (1) 1 of the same Act, or selection of a fine for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant was lawfully occupied and used to obtain permission for occupation and use; (b) each act of this case is committed; (c) there is no same criminal record; and (d) the case was tried together with the crime of Article 2 and the crime of the above final judgment.

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