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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of the purification company B, the shipper C and D's actual owner and operator at the time of drinking water.
Any person who intends to occupy or use public waters shall obtain permission to occupy or use public waters from the managing authority of such public waters.
Nevertheless, the defendant from the end of January 2018 to the same year.
4. From March 2018 to March 2018, at the time of leisure water, D was anchored to occupy and use public waters without obtaining permission to occupy and use or use public waters from the leisure market in front of the State-owned waters.
4. Until December, 12, at the time of leisure water which is co-owned waters, C was anchored and used without permission to occupy or use the public waters in front of the State dong, without obtaining permission to occupy or use the public waters from the leisure market.
Summary of Evidence
1. Partial statement of the defendant;
1. Investigation report (verification as to whether permission to occupy and use public waters has been granted);
1. Application of the Acts and subordinate statutes governing evidence photographs;
1. Article 62 of the Act on the Management and Reclamation of Public Waters, and Articles 62 subparagraph 2 and 8 (1) 11 of the Act on the Management of Public Waters and Selection of fines for the crimes;
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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The assertion;
(a) It cannot be deemed that an act of simply mooring a able vessel without delay was “use or use” of co-owned waters.
B. The Defendant’s act is not contrary to social norms since the Defendant’s act is very lacking in the sea bed in front of the port where the Defendant’s ship is anchored.
2. Determination
A. Article 8(1) of the Act on the Management and Reclamation of Public Waters applies to cases where permission for the occupation and use of public waters is required under subparagraphs 1 through 10, and Article 8(1) of the same Act also permits the occupation and use of public waters under subparagraph 11.