beta
(영문) 광주지방법원 목포지원 2016.08.12 2016고단111

수산업법위반등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. A person who intends to engage in land fisheries fisheries in violation of Acts and subordinate statutes shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility;

Nevertheless, from June 1, 2015 to October 2, 2015, the Defendant: (a) entered an artificial land seawater breeding plant located in B located in Newanananananananangun Group; (b) without obtaining permission from the Gun Office in Newanananan Province, and (c) carried out a land seawater cultivating fishery by planting 1 million spawns.

2. No one shall illegally occupy or use agricultural production 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.;

A. Nevertheless, from June 1, 2015 to January 28, 2016, the Defendant used “D”, which is an agricultural production infrastructure installed in the said place, as an embankment at the instant 1. The Defendant used “D”, without justifiable grounds.

B. Nevertheless, the Defendant occupied and used containers, which are temporary buildings, as well as places where feed, etc. is kept in the plantations as stated in the above paragraph 1. A, and for the purpose of accommodation, which are the basis of agricultural production facilities. The Defendant occupied tide embankments as stated in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Submission of data on whether agricultural production infrastructure is registered, the current status of designation of managers, and the submission of investigative data (data related to occupation of State-owned land without permission);

1. Application of Acts and subordinate statutes to a report on internal investigation (referring to a report on identification of a suspected suspect and the attachment of photographs to evidence), a report on investigation (referring to the submission of a report by the head of the Gun/Gu, the attachment of materials in violation of the Fisheries Act), a report on investigation (Attachment of materials by the head of the Gun/Gu related to the violation of the Fisheries Act), a report on investigation (verification of whether a suspect A's illegal temporary building restoration

1. Article 97 (1) 2 of the Fisheries Act and Article 41 (3) 2 of the same Act concerning facts constituting an offense and the selection of punishment.