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(영문) 수원지방법원 2014.04.09 2014고정47
어촌ㆍ어항법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who sets up a street in C, which is located in C, in the time of harmony.

1. Any person who intends to use or possess fishery harbor facilities shall obtain permission from the fishery harbor management authority;

Nevertheless, the Defendant did not obtain any permission from July 2009 to the date of establishment of one container box in Da located in Masung City B, and occupied and used it by illegal possession, such as manufacturing, selling, etc. i.e., i., e., e., food, and it was not implemented even if he received an order to reinstate the illegal possession and use from the Sungsung Viewers around September 30, 2013.

2. A person who intends to engage in the manufacturing and processing business of spot-food products for sale after manufacturing a liver or silence, etc. of a violation of the Food Sanitation Act shall file a report thereon with the competent authority by type of business or type of business;

Nevertheless, the Defendant manufactured and sold tin food, i.e., i., e., tampers at containers without filing such a report at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of reinstatement order, reinstatement order, public notification of designation of national fishery harbors, application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 60 (2) 3, 38 (1) (unauthorized occupation of fishery harbors, selection of fines), Articles 60 (2) 4, 46 (1) of the Fishing Villages and Fishery Harbors Act, Articles 97 subparagraph 1, and 37 (4) of the Food Sanitation Act (unreported occupation of manufacturing and selling tin foods, namely, the occupation of a person who manufactures and sells tin foods, or of a fine);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a crime of violating the Food Sanitation Act of the largest punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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