Accordingly, the Defendant occupied the river without obtaining permission from the competent authorities.

2. The prosecutor of the applicable Act and subordinate statutes prosecuted the charged facts of this case by applying Article 95 Subparag. 5 and Article 33(1) of the River Act.

Meanwhile, Article 95 Subparag. 5 of the River Act, which applies to the instant case (amended by Act No. 13493, Aug. 11, 2015; hereinafter the same shall apply), provides that a person who occupies and uses a river without obtaining permission, in violation of Article 33(1)(excluding subparagraph 5); Article 33(1)4 of the same Act; and Article 33(1)4 of the same Act provides that a person who intends to excavate, embling, cut land, or change the form and quality of land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Article 34 (1) of the Enforcement Decree of the River Act provides that a person who intends to obtain permission under Article 33 (1) of the Act (hereinafter referred to as "permission to occupy and use a river") shall submit (including submission in electronic form) an application for permission to occupy and use a river to a river

3. According to the records, the following facts can be acknowledged. A.

The 6,106 square meters and 43,736 square meters of the D Maintenance (hereinafter “instant maintenance”) were incorporated into the river area on May 4, 1981 as the construction of the Han River, and became the state-owned land managed by the Han River Management Agency of the Korea Water Resources Corporation (hereinafter “Dam River Management Agency of the Korea Water Resources”).

B. From around 1994, the Defendant has resided in Chuncheon City E, located in the well-being of the instant maintenance, and three households are more residing in and around the vicinity, and the above residence is in front of the said residence.