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(영문) 제주지방법원 2017.06.01 2017고정154

어촌ㆍ어항법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. From May 15, 2014 to the date of Jeju, Defendant A occupied and used a common warehouse for storing fishing gear, which is a fishing port facility in F, located in E, without obtaining permission from the fishery harbor management authority, and for the said reason, Defendant A was ordered to reinstate the aforementioned illegal possession and use by the period from May 15, 2014 by the fishery harbor management authority until the 25th day of the same month. However, Defendant A failed to implement the order even if he/she received an order to reinstate the said illegal possession and use.

2. Defendant C, from May 15, 2014 to the date of Jeju, occupied and used a common warehouse for the storage of fishing gear, which is a fish harbor facility located in E, without obtaining permission from the fishery harbor management authority, and for the foregoing reason, Defendant C, upon receipt of an order to reinstate the aforementioned illegal possession and use by the period from the fishery harbor management authority to the 25th day of May 15, 2014, did not comply with the order even if the order was issued to reinstate the said illegal possession and use.

3. Defendant B, from May 15, 2014 to the date of Jeju, occupied and used a joint warehouse for the storage of fishing gear, which is a fishing port facility in F, located in E, without obtaining permission from the fishery harbor management authority, and for the foregoing reason, Defendant B, upon receipt of an order to reinstate the aforementioned illegal possession and use by the period from the fishery harbor management authority to the 25th day of May 15, 2014, failed to implement the order even if the order was issued to reinstate the said illegal possession and use.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. A written accusation;

1. A notice of restitution;

1. Application of Acts and subordinate statutes to use public property;

1. The Defendants: Article 60(2)3 of the Fishing Villages and Fishery Harbors Act, the main sentence of Article 38(1) (the use of fishery harbor facilities) of the same Act, Article 60(2)4 of the Fishing Villages and Fishery Harbors Act, and Article 45 subparag. 5 of the same Act, ex officio, shall be added to the Defendants who choose to commit a crime;

Article 46 (1) (the fact that an order to reinstate is not issued) and each fine shall be selected

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.