The punishment of the accused shall be determined by eight months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, and shall not keep flowing water of a river.

Nevertheless, the defendant from the end of June 2019 to the same year.

8. By the end of 15.15. In the river area of the Jeonju-gun, the installation of 40 square meters and 4 luminous intensity (12m x 18m) at two locations of rivers without the permission of the head of the complete Gun for the purpose of engaging in ordinary loan operations.

As a result, the Defendant occupied the land of a river without permission from the river management agency and left the flowing water of a river.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation of the head of the relevant complete Si/Gun;

1. Application of the statutes governing the location map and photographs of the current status, land cadastre, and restoration of the original state of illegal occupancy of rivers;

1. Relevant Article of the Act on Criminal facts, subparagraph 5 of Article 95, Article 33 (1) 1 of the River Act (the occupation of a river without permission), subparagraph 8 of Article 95, subparagraph 1 of Article 46 of the River Act (the occupation of a river prohibited act) and the selection of imprisonment with prison labor, each of which is selected;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Not more than three years of imprisonment with prison labor within the scope of punishment by law;

2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

- Although there are extenuating circumstances to consider that the Defendant committed such act for the purpose of maintaining the livelihood, the Defendant continued to commit the instant crime even though he/she had been punished by the same type of act on several occasions.

In order to prevent further recidivism, a sentence of imprisonment has to be imposed.

However, with a view to giving the last opportunity, the enforcement shall be suspended.