Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to newly construct, rebuild, extend, alter, or remove a building or other artificial structure on public waters shall obtain permission to occupy or use public waters from the management authority of public waters, as prescribed by Presidential Decree.

The Defendant did not obtain permission from the competent authority, from around June 1, 2010 to around June 1, 2017, installed one Dong (a 68m2), a wood warehouse and a stable (a 76m2), and a building (a 30m22) without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written accusation, a written statement, land register, confirmation of land use plan, a certified copy of cadastral map, a location map, and the result of surveying the restoration of boundaries;

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order) statute;

1. Article 62 of the Act on the Management and Reclamation of Waters for Criminal Facts and Articles 62 subparagraph 2 and 8 (1) of the Act on the Management of Waters for which Punishment is electively Shared, and Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant recognized the criminal facts of this case and against his mistake; (b) appears to have been partially restored; and (c) the fact that there was no record of special criminal punishment except for those punished twice by a fine due to a violation of the River Act in around 2017, etc.

However, the crime of this case where the defendant occupied and used public waters without permission, such as installation of containers, is not less than the nature of the crime in light of the contents and methods of the crime, the period of unauthorized occupation and use is considerable, and it seems that the complete restoration has not been made up to now. The balance of general punishment in the same and similar cases, and the age, sex, intelligence, etc. of the defendant as shown in the argument of this case.