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(영문) 수원지방법원 안산지원 2018.12.13 2018고정750

어촌ㆍ어항법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a C cafeteria in Ansan-si B.

1. Any person who intends to use or occupy fishery harbor facilities shall obtain permission from the managing authority of the fishery harbor;

Nevertheless, from April 13, 2017 to July 10, 2018, the Defendant installed one temporary building (147 square meters) within the fishery harbor facilities without obtaining permission from the managing authority of the fishery harbor, and operated the restaurant, and occupied and used the fishery harbor facilities without permission.

2. On April 17, 2018, the Defendant failed to comply with an order to reinstate issued by the fishery harbor management authority, even though he/she was served with an order to reinstate fishery harbor facilities by May 9, 2018 by occupying and using them without permission, as set forth in paragraph (1), from Ansan-si, the Cheongsan-si, the managing authority of the fishery harbor.

Summary of Evidence

1. Statement by the defendant in court;

1. The filing of an accusation, a written statement, an order to reinstate, the designation and public announcement of village joint fishing ports, and the application of statutes;

1. Relevant Article of the Act, Article 60 (2) 3, Article 38 (1) (a) of the Fishing Villages and Fishery Harbors Act (a point of unauthorized use or occupation), Article 60 (2) 4, Article 46 (1), and Article 45 subparagraph 5 of the same Act (a point of non-compliance with an order to reinstate), and selection of fines, respectively, for the crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;