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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A person who intends to reclaim public waters of DNA ditches adjoining to the North Korean forest land in the port of entry shall obtain a license for reclaiming public waters from the reclamation licensing authority by specifying the purpose of reclamation, as prescribed by Presidential Decree;
Nevertheless, the Defendant, without obtaining a license for the reclamation of public waters from the Posi Port Mayor, newly built a detached house in the Posi-gu Seoul Forest in the North Korean Port from March 1, 2014 to April 1, 201, and buried public waters by putting approximately 1,770 square meters out of the Posi-gu DNA ditches adjacent to the said forest (hereinafter “D ditch”).
2. A person who intends to reclaim public waters of DNA ditches adjoining to the E forest and field north-gu in the harbor at the port shall obtain a license for reclamation of public waters from the reclamation licensing authority by specifying the purpose of reclamation, as prescribed by Presidential Decree.
Nevertheless, the Defendant, without obtaining a license for the reclamation of public waters from the mayor of the port, newly built a detached house in the North-gu E forest in the north-gu Si of the port from July 2015 to August 2015, and buried public waters by reclaiming approximately 438 square meters out of the DNA ditches adjacent to the said forest by using a digging season, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect concerning F by the prosecution;
1. Part concerning the statement of G and F in the three-time police interrogation protocol against the defendant
1. A protocol concerning the examination of each police suspect against F and H;
1. Each police statement made to F, I, H, Defendant, J, and K (including all accompanying documents);
1. Each investigation report (including all accompanying documents Nos. 59, 62, 65, 77 of the evidence list, and all accompanying documents);
1. Application of Acts and subordinate statutes of each internal investigation report (including all accompanying documents Nos. 23, 28, 40, 43 and 43 of the evidence list);
1. Article 62 subparagraph 4 and Article 28 of the Act on the Management and Reclamation of Public Waters through which Relevant Acts and subordinate statutes concerning facts constituting a crime are applicable and each of the choice of punishment is shared;
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;