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(영문) 춘천지방법원 2019.08.27 2019고정84
하천법위반
Text

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

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

Reasons

Punishment of the crime

1. Any person who occupies and uses land in a river area shall obtain permission from the river management agency;

Nevertheless, on December 2014, the Defendant occupied and used a river without permission from the river management agency, by piling a tent, container, etc. on approximately 30 square meters in the area located in Hongcheon-gun, Hongcheon-gun.

2. A river management agency that violates a river Act may revoke or change permission or approval granted under the River Act, suspend its validity, suspend works or other acts, order the reconstruction, alteration, transfer or removal of a structure or goods, or take any other necessary measure in cases where such a river management agency violates an order or a disposition taken under this Act.

The Defendant violated the above order by the river management agency on December 19, 2018 and January 29, 2019, even though he was ordered by the river management agency on the Defendant’s violation of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the written accusation, land cadastre, full certificate of registered matters, location map, cadastral map, and field photograph statutes;

1. Article 95 subparagraph 5 of the same Act, Article 33 (1) 1 of the former River Act (wholly amended by Act No. 1294, Jan. 6, 2015); Article 95 subparagraph 10 of the same Act, Article 69 (1) 1 of the River Act (the point of violation of an order to occupy and use a river); selection of a fine (the amount of a fine shall be determined in consideration of the fact that the restoration to the original state is deemed to have been completed at present, the area occupied and used, the degree of awareness of illegality, etc.);

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;

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