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(영문) 대구지방법원 2017.06.29 2017고단2757

낚시관리및육성법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Any person who intends to run a fishing place business on private waters shall register with the head of a Si/Gun/Gu having jurisdiction over the relevant waters as prescribed by Ordinance of the Ministry of Oceans and Fisheries;

Nevertheless, from November 2016 to January 24, 2017, the Defendant, without registering with the competent authority, operated a fishing place in the indoor fishing place with a size of 1,501 square meters in the Cheongdo-Gun B, C, D, E, and one thousand five hundred and fifty-one square meters away, and had an unspecified number of people fish in the above fishing place and operated a fishing place.

2. No land use shall be performed in agricultural promotion districts in violation of farmland Act, which are not directly related to agricultural production or improvement of farmland;

Nevertheless, from November 2016 to January 24, 2017, the Defendant established and used an indoor fishing place in the above land while using farmland permitted from Cheongdo-gun to Cheongdo-gun as farmland permitted from Cheongdo-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A written accusation;

1. Photographs;

1. Application of Acts and subordinate statutes to report on investigation (report on attachment, such as land registers, etc. of suspect farmland-related places and size);

1. Relevant legal provisions concerning facts constituting an offense, Article 53 (2) 2, Article 16 (1) (a) of the Act (a point of non-registered fishing place business), Article 58 subparagraph 1 of the Farmland Act, Article 32 (1) of the Act (a point of violation of restrictions on conduct in the Agricultural Promotion Area), and imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Although the defendant for the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act had had a record of being punished by a fine for the same kind of act of a fishing place without registration, repeating the crime of this case is disadvantageous circumstances, however, it is no longer likely to operate the fishing place business of this case.

The favorable circumstances, such as the fact that the defendant's age, the fact that there is no past record of fine or heavier punishment, and the age, sex, environment, etc. of the defendant;