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

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission from the head of Sung-gun, occupied and used land by cultivating crops from around November 23, 2018 to around 25,000 square meters within the river area located in Sung-gun, Sung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A written statement to be prepared;

1. Application of Acts and subordinate statutes to a location map and a photographic site, one copy of printed materials of land use planning information, one on-site photograph, and a report on the results of a business trip following illegal cultivation of river sites (E);

1. Article 95 of the relevant Act concerning criminal facts, subparagraph 5 of Article 95 of the River Act that selects a sentence, Article 33 (1) of the same Act and the selection of imprisonment;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act of probation and community service order, the sentencing factors indicated in the pleadings of the instant case, such as Defendant’s age, environment, character and conduct, motive for committing a crime, means and consequence of a crime, etc., shall be determined by comprehensively taking into account the factors of sentencing as ordered.

The favorable circumstances: The defendant recognizes his mistake, repents, and obtains permission for future occupation and use of land.

Unfavorable circumstances: The Defendant occupied and used land, which is a river area for about 10 years, without permission, and used it as a arable land; there is no fact that the occupation and use fee has been paid; and the present arable area has reached 25,000 square meters.

From around 2015 to three occasions, the Defendant continued cultivation even after receiving a warning to suspend the occupation and use of the land, and continued to do so on November 23, 2018 between the site and the employees of the Sung-Gun Office. The Defendant did not have to restore the instant land to its original state or obtain permission for the occupation and use thereof.