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광주지방법원 2012.12.05 2012노1197

수산업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not recognize the fact that the Kim Farming Facilities of this case were illegal facilities (the court below found that they were established in the fishery area). The judgment of the court below is erroneous in misconception of facts.

B. The sentence imposed by the court below on the defendant (the fine of 1.5 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant: (a) obtained a fishery license in 2005 and continued to build facilities in an area designated by the chief of fishing village fraternity; and (b) denied the criminal intent that he did not know that he did not have the fishery right; (c) however, the following circumstances acknowledged by evidence were the area where the Defendant installed illegal Kim Farming facilities continuously controlled since 2009; (d) at that time the instant facilities were not regulated; (b) the Defendant was also aware that he was under control on November 16, 2010 after being examined by the police, and (d) on November 16, 2010 at the time of being investigated by the police, the Defendant was not aware that he was not under control of the fishery right of this case at the beginning of 205, but under the circumstance that the Defendant was not under control of the fishery right of this case at the first half of 2005, and was not under control of the fishery right of this case at the time of the adoption of the fishery permit of this case or its distribution facilities.

The place where the instant facilities were installed is an area where no aquaculture license is granted.

The Kim-type career is about 31 years.

“............] stated to the effect.