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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Violation of the River Act;
(a) Any person who intends to occupy and use land or construct a structure in a river area shall obtain permission from the competent river management agency;
Nevertheless, the Defendant, while operating a fish farm in Socheon-si D, which is a river site in around 2008, laid down a vinyl house and installed a water tank, one water tank and a house stuff.
Accordingly, the defendant occupied the river site by installing structures.
(b) Any person who intends to use river water within a river area shall obtain permission from the Minister of Construction and Transportation;
Nevertheless, from around April 30, 2008 to April 30, 2014, the Defendant: (a) installed a concrete pipe in depth with a view to supplying the land to the fish farm without obtaining permission from the Minister of Construction and Transportation; and (b) installed a motherter to use the water from the river.
2. Violation of the Act on the Management of Public Waters and Reclamation, and violation of the Non-Act on the Conservation of Small Rivers by a managing authority of public waters shall comply with an order to reinstate public waters or order necessary measures from a managing authority of small rivers;
Nevertheless, on July 1, 2014, the Defendant did not comply with an order issued by the head of the Myeon-si, Spocheon-si, the manager of the fish farm, to reinstate the unlawful act described in paragraph (1) by July 3, 2014, even though he received an order from the head of Dong-si, the Myeon-si, Spocheon-si
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. G statements;
1. Each accusation;
1. Registers of land, certificates of each land use plan, and photographs of illegal acts on small rivers and public waters;
1. Division of the results of cadastral survey;
1. Cooperation in the delivery and public announcement of orders for restoration to the original state, guidance for restoration to the original state of illegal acts within a river area (2j), and demand for guidance for restoration to the original state;
1. Application of statutes on business registration certificates;
1. Article 95 subparagraph 5 of the River Act and Article 33 of the same Act concerning criminal facts;