A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Any person who intends to newly construct, rebuild, extend, alter, or remove a wharf, a breakwater, a bridge, a floodgate, a building, or other artificial structure on a public water surface, or grow or fell plants on a public water surface shall obtain permission to occupy or use the public water surface from the management authority of the public water surface, as prescribed by Presidential Decree.

Nevertheless, on October 208, 2008, the Defendant newly constructed an artificial structure, such as a 1,000 square meters of co-owned waters located in Sinju-si, Sinju-si, and occupied and used it until April 2017. From April 2009 to May 2016, the Defendant occupied and used it by planting trees in the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. The application of Acts and subordinate statutes to a accusation, current status photograph, order for restoration of the original state of illegal acts in each river area (at least once 5, 12, 14, 16), report on the results of each business trip, report on the attachment of photographs related to non-compliance with the restoration order, investigation report (at least once 20);

1. Article 62 subparagraph 2 of the Act on the Management and Reclamation of Waters for Criminal Facts and for which the choice of punishment is shared, and Article 8 (1) 1 and 7 (Selection of Imprisonment);

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act, as well as other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

Unfavorable circumstances - The area of public waters occupied and used by the defendant shall not be specified.

A favorable circumstances - The defendant is led to confession and is in depth against himself.

- The Defendant complied with the restoration order.

- The defendant has no record of criminal punishment for the same kind of offense.