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(영문) 부산지방법원 서부지원 2017.12.18 2017고정304
국유재산법위반등
Text

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

Where the defendant fails to pay the above fine, 30 days shall be applied.

Reasons

Criminal facts

1. The Defendant violated the State Property Act, without obtaining permission for use from September 2016 to June 2017, occupied approximately 25 square meters among Gangseo-gu Busan, Busan, and C, an administrative property, and used it as a warehouse site.

2. Around May 2017, the Defendant destroyed a facility installed at the Maritime Affairs and Fisheries Office in Busan in order to protect a railroad bridge at the above place without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of request for removal of the facilities and the full registration thereof, caused by the unauthorized possession of the harbor facilities;

1. The application of Acts and subordinate statutes to photographs as a result of an on-site inspection of State property without permission;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 82, 7(1) (unauthorized use of administrative property, choice of fines) and 366 of the Criminal Act concerning the option of punishment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in a violation of the State Property Act heavier than the punishment);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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