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(영문) 부산지방법원 2019.01.09 2018고정1791
공유수면관리및매립에관한법률위반
Text

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 a person who divings.

1. Where any person intends to build a building on any public waters without permission, he/she shall obtain permission to occupy or use public waters from the management agency of public waters;

Nevertheless, from July 25, 2018 to August 23, 2018, the Defendant without permission to occupy or use public waters, installed a temporary facility of about 8 meters wide and about 8 meters long from public waters located in the land line B B in Busan Young-gu, Busan, and occupied or used public waters without permission.

2. On July 25, 2018, the Defendant, who failed to comply with an order of reinstatement, even though he/she received an order of removal from a public official in charge of the Busan Regional Maritime and Fisheries Office by August 13, 2018 from the above temporary facilities.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Accusation against a violator of the Public Waters Management and Reclamation Act (C);

1. An order to reinstate public waters illegal facilities;

1. Application of Acts and subordinate statutes to a report on investigation (additional facts of suspicion);

1. Article 62 Subparag. 2, Article 8(1) (unauthorized occupation and use of public waters), Article 64 Subparag. 3, and Article 21(2) (Article 257(1)) of the Act on the Management and Reclamation of Specific Criminal Records and Articles 62 Subparag. 2, 8(1) (unauthorized occupation and use of public waters), Article 64 Subparag. 3, and

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant occupied and used public waters by establishing a tent and a customer without permission, and that the public official in charge failed to comply with the order of restitution is not somewhat weak.

On the other hand, there is no other criminal records except that the defendant has been punished once as a fine due to a double crime, and the defendant reaches the crime of this case without any existing problem.

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