A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

A person who intends to occupy and use a river for any purpose other than the permitted purpose shall obtain permission from the competent authority. However, on August 4, 2016, the Defendant occupied and used a river for any purpose other than the permitted purpose of cultivation by installing 25 square meters in the area of 300 square meters in Seoyang-si B without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Investigation report (Attachment of a summary order in the same case), criminal records, and application of Acts and subordinate statutes;

1. Subparagraph 5 of Article 95 of the River Act and Article 33 (1) 1 of the same Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor (the fact that the defendant committed the instant crime even though he/she was punished as a fine by committing the same violation at the same place in 2014 and 2015, and the fact that there are many other penalty power);

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

1. Probation under Article 62-2 of the Criminal Act;