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(영문) 수원지방법원 성남지원 2016.01.29 2015고단2742
하천법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a “C” restaurant located in Gwangju City.

Anyone who intends to occupy and use land in a river area, occupy and use river facilities, build or alter a structure, excavate the ground, alter the form and quality thereof, extract soil and rocks, sand and gravel, etc. in a river area shall obtain permission from the competent authority.

Nevertheless, without obtaining permission from the competent authority, the Defendant occupied and used the land without permission by installing a tent and a board of size of 600 square meters in Gwangju-si, which is the front river area of the said C cafeteria from July 14, 2015 to August 31, 2015, in Gwangju-si, a river area of the said C cafeteria, and expanding its business place.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on site photographs;

1. Relevant Article of the Act concerning facts constituting a crime and subparagraph 5 of Article 95 of the River Act that selects a punishment, and Article 33 (1) 1 of the same Act (Selection of a punishment penalty);

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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