A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

From around 2002, the Defendant is a person operating a mutual general restaurant of “D” in Gwangju City Co., Ltd.

1. Any person who intends to divert farmland shall obtain permission from the competent authorities;

Nevertheless, the Defendant, without obtaining permission from the competent authority on July 2013, set up a parking lot of size of 977 square meters in size in the area of Gwangju-si E, which is farmland, by setting up the floor horizontal work and spreading gravel.

2. Any person who intends to occupy and use flowing water, occupy and use land, occupy, construct, rebuild, alter, or remove river appurtenances in a small river area, construct, rebuild or alter other artificial structures, excavate, fill land or alter the form and quality of land, excavate or cut land, collect soil and rocks, sand, gravel, bamboo, or other objects produced from small rivers, in an outdoor business area, shall obtain permission from the competent authority;

Nevertheless, without obtaining permission from the competent authority, the Defendant occupied and used land within a small river area without permission, by building concrete of size 209.7 square meters from July 2013 to August 10, 2015 in Gwangju-si, a small river area, and installing steel framed tent above it, and using land within an outdoor place of business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (report attached to investigation reports on DNA offenses, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Articles 57 (2) and 34 (1) of the Farmland Act that has the option to impose punishment, subparagraph 3 of Article 27, and Article 14 (1) of the Small River Maintenance Act (the occupation of land within an unauthorized small river area) of the Small River Maintenance Act, and the choice of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant is against his/her will, the fact that he/she was reinstated, the first offender, the fact that the defendant is old);