A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. Any person who intends to occupy and use land within a river area shall obtain permission from the river management agency;

Nevertheless, on July 2016, the Defendant established approximately 350 square meters of a river without obtaining permission for occupation and use of 23 square meters in Seoyang-si B, which is a land located in a river area in the Jung River basin.

2. No person who performs any act prohibited from running any river shall bring flowing water on the river;

Nevertheless, the defendant set up a water stop in the river area at the date and place mentioned in paragraph (1) and laid water flow in the river area.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of Acts and subordinate statutes to resident inquiry and criminal records (A), investigation reports (a summary order attached to the same attached power);

1. Subparagraph 5 of Article 95 of the relevant Act on Criminal facts, Article 33 (1) of the River Act, subparagraph 8 of Article 95 of the River Act, and subparagraph 1 of Article 46 of the same Act (the occupation of a prohibited act concerning a river);

1. Selection of each imprisonment with prison labor for the selection of the punishment (the fact that the punishment has been continuously imposed for the same kind of crime since 2014 and the fact that flowing water has been brought back from the river occupancy);

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. Probation under Article 62-2 of the Criminal Act;