Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The occupation and use of land, excavation, filling-up and cutting of land and other changes in the form and quality of land in a river area shall be permitted by the river management agency, as prescribed
Nevertheless, from around 2009 to November 27, 2018, the Defendant occupied and used a river by operating a 2,339 square meter farm in a river area located in Gyeonggi-si B, C, and D without permission from the river management agency.
Summary of Evidence
1. Defendant's legal statement;
1. Written accusation, written statement, and on-site location map;
1. Application of Acts and subordinate statutes governing land cadastre, cadastral map copy, and land use planning confirmation for B, C, and D at the time of game capture;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: One month to two years;
2. Crimes for which the sentencing criteria are not set;
3. The Defendant, from around 2009 to around 10 years, has committed the instant crime, choose a sentence of imprisonment.
However, under consideration of the facts that the defendant submitted data that he/she has restored to the original state, the fact that there is no less punishment for the same kind of crime, etc., the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., and the various conditions of sentencing as shown in the records and arguments of this case, and the life sentence of the prosecutor (eight months of imprisonment) shall be