A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

Anyone shall be prohibited from occupying and using any river without obtaining permission from the river management agency for occupying and using a river.

Nevertheless, on July 20, 2017, the Defendant occupied and used a river by installing a floating mooring pond (12 meters wide and 2.5 meters long) in the near C of the Yacheon-gun B, Chungcheongnam-do, the river management agency without obtaining permission from the river management agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the written accusation and accompanying documents;

1. Relevant Article of the Act and Articles 95 subparagraph 5 and 33 (1) 6 of the River Act, the selection of punishment for a crime, and the selection of imprisonment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing under Article 62-2 of the Social Service Order Act [unfavorable circumstances] is that the Defendant, without permission to occupy and use a river, by establishing a breast-type moorings, without permission to occupy and use a river, and the nature of the crime is not somewhat weak in light of the details and contents of the crime.

The defendant was sentenced to a violation of the River Act in 2015 and each fine was sentenced to a violation of the Water Leisure Safety Act in 2016.

[ favorable circumstances] The Defendant was committed by committing the instant crime, and the Defendant was committed by committing a mistake.

The Defendant removed the suspended mooring mooring house of the instant case.

There is no history that the defendant has been punished by a fine heavier than that of a fine even before such punishment.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.