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(영문) 청주지방법원 영동지원 2014.10.23 2014고단171
하천법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 23, 2014, the Defendant was sentenced to a fine of KRW 2,50,000 as an offense of violating the River Act from the Young-dong Branch of the Chungcheong District Court.

【Criminal Facts】

Any person who intends to install, etc. a floating moorings that may hinder the preservation and management of rivers in a river area shall obtain permission from the river management agency.

The Defendant, without obtaining permission from the river management agency from March 2014 to July 14, 2014, occupied and used a river for the purpose of a berthing facility by installing a berthing facility, which is a floating mooring yard of 9.5 meters in length (area 104.5 square meters), on the surface of the large dam located in the Cheongcheon-gun B, a river area located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Accusation against the violator of the River Act;

1. A written accusation;

1. Official Gazette;

1. On-site photographs;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Article 95 of the relevant Act concerning facts constituting an offense and subparagraph 5 of Article 95 of the River Act that selects a sentence, and Article 33 (1) 6 of the same Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are as follows: (a) the Defendant was found to be guilty of the same crime and was sentenced to a fine, and then illegally occupied and used a river by installing a contact facility after installing a contact facility; (b) the Defendant’s disposal of contact facility to another person to stop the same mistake; (c) the Defendant’s confession of the offense; and (d) the Defendant’s confession of the offense; and (d) the Defendant did not have any criminal record exceeding a fine; and (e) the Defendant shall be sentenced to probation in good faith

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