A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

No one shall illegally occupy or use agricultural infrastructure without any justifiable ground prescribed by Presidential Decree, such as cases where an emergency measure is required for the prevention of damage caused by a natural disaster or for lifesaving, etc.

Nevertheless, from August 2018 to November 2018, the Defendant illegally occupied the agricultural infrastructure by installing a moorings, which is a facility for water-related leisure activities in a size of about 10 square meters, in the C reservoir, which is an agricultural infrastructure managed by the Korea Rural Community Corporation located in the Seoul Northern District B, without obtaining approval of the said construction.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of the location map and on-site photograph statutes;

1. Article 130 (3) and Article 18 (3) 3 of the Rearrangement of Agricultural and Fishing Villages Act applicable to criminal facts, the selection of punishment, and the selection of imprisonment with labor;

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, occupation, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the various sentencing conditions specified in the trial process, the sentence as ordered shall be determined.

- The Defendant has been subject to three times of fine due to the same crime, and in particular, even after being subject to two times of fine at the place stated in the crime, has continued to commit the instant crime.

- No restoration has been made.

- The defendant is led to confession.