A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

When it is intended to occupy and use land, occupy and use river facilities, build, rebuild or alter a structure in a river area, it shall obtain permission from the river management agency.

Nevertheless, from May 2019 to July 17, 2019, the Defendant operated “C” restaurant at the Pocheon-si B Day, and occupied it by installing 12 tents in total on the site of the above restaurant which is a river area (D) without obtaining the aforementioned permission, one roof of 536 square meters in total, one roof of the asbestos slate, two temporary buildings, and two prefabricated buildings.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection;

1. A written confirmation of violation;

1. On-site photographs;

1. A report on investigation (abdones attached);

1. Medicine (C);

1. Investigation report (attaching a written confirmation of land use plan, etc.);

1. Confirmation of land use plan and drawings;

1. Investigation report (d status and extractment of surveying services for river maintenance plan, etc.);

1. Investigation data and inquiry (limited to a survey on current status of D buildings);

1. A report on building status;

1. Current status map of expansion;

1. Application of statutes to a copy of a business report;

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

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act is that the Defendant operated various buildings and facilities with small scale and occupied and used a river area. The area occupied and used without permission is considerably wide and the form of act is not good.

However, the period in which the defendant acquired a restaurant and occupied the river area is not long, and the defendant voluntarily removed the restaurant buildings and facilities that he acquired by paying a large amount of money and resolved the illegal state, and the defendant was occupied and used the river area by taking over and operating the restaurant installed and operated in the river area between 20 and 20 years without permission.