A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

Any person who occupies or uses public waters without obtaining an occupancy or use permit or consultation or approval for the occupancy or use of public waters shall remove artificial structures, installations, soil, stones and other things installed on the relevant public waters, and reinstate the relevant public waters, and upon receipt of an order to reinstate the public waters for a fixed period from the management agency of public waters, by failing to take measures, etc. necessary for reinstatement, and upon receipt of an order to reinstate the public waters, he/she shall comply therewith.

Nevertheless, on October 14, 2014, the Defendant occupied and used public waters without permission without complying with an order to reinstate structures illegally installed by the Defendant (pent L=4.4m, H=1.8m) on the Ligu, Pyeong-gun D, the office of management of public waters, up to 31th of the same month, by the head of Pyeongtaek-gun C, the office of management of public waters.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A letter of administrative guidance;

1. On-site photographs;

1. Application of the Acts and subordinate statutes as a result of the survey commission;

1. Article 64 subparagraph 3 of the Act on the Management and Reclamation of Waters for Criminal Facts and Articles 64 and 21 (2) 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appears to have installed the instant pen in order to protect the nature; and (b) the Defendant’s removal of the instant pen and completion of restitution to the original state; (c) the Defendant’s age, sex, environment, motive for the commission of the crime; (d) the means and consequence of the crime; and (e) the circumstances after the commission of the crime, etc. shall be determined as indicated in the order.