A defendant shall be punished by imprisonment with prison labor 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 Jun. 2, 2019 to July 17, 2019, the Defendant operated a 'C' restaurant between Macheon-si B and Macheon-si B, and occupied 12 temporary facilities, such as a tent of the total area of 758 square meters, on the site of the cafeteria, which is a river area (D) without obtaining the aforementioned permission.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection, written confirmation, on-site photographs, and a certificate of business report;

1. Application of Acts and subordinate statutes to investigation reports (the discovery of the current status of D and the survey services for maintenance of rivers), requests for investigation data (the current status of D buildings), replies for investigation data, records of maintenance of rivers, records of maintenance of rivers, and

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 occupied the river area by operating a restaurant in which many facilities with small scale are installed, and the area occupied and used without permission is considerably wide.

However, the period in which the defendant acquired a restaurant and occupied the river area is not long, and the defendant removed the facility and resolved the illegal state, there are circumstances to be considered in the circumstances leading to the crime of this case, the first offender who has no record of criminal punishment, the financial situation of the defendant is not good, and other conditions of sentencing as shown in the argument of this case, including the defendant's age, character and conduct, environment, circumstances leading to the crime of this case, circumstances before and after the crime, etc., shall be determined as ordered by taking into account various conditions of sentencing as shown in the argument of this case.