Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

A person who intends to occupy and use public waters shall obtain permission to occupy and use public waters from the competent administrative agencies.

Nevertheless, in May 2017, the Defendant laid down one container with a floor area of 20 square meters without permission from the competent authorities to occupy and use public waters in the land for public waters B in Pyeongtaek-gun, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A accusation book, container occupation photograph, container site location map, a statement made by the police preparation against C, a cadastral survey performance map, a cadastral survey record, and a protocol prepared by the police against D for examination of suspects;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 62 of the Act on the Management and Reclamation of Waters for Criminal Facts and Articles 62 subparagraph 2 and 8 (1) 11 of the Act on the Management and Reclamation of Public Waters, and Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant recognized the criminal facts of the instant case and reflects his/her mistake; (b) appears to have implemented measures for restoration from the original state; and (c) the fact that there was no record of special criminal punishment except for those punished once by a fine for non-compliance with the eviction order in around 2016, etc., are recognized as normal conditions favorable to the Defendant.

However, the crime of this case where the defendant occupied the public waters with only one container without permission by taking into account the content and method of the crime, etc., the nature of the crime is not less than that of the crime in light of the contents and balance of general punishment in the same and similar cases, and other circumstances, such as the defendant's age, sexual conduct, intelligence and environment, motive, circumstance, means and consequence of the crime of this case, criminal records, criminal relation, family relation, economic situation, etc., which are shown in the argument of this case, shall be determined as the sentence as ordered.