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(영문) 수원지방법원 2017.05.10 2017고정350
어촌ㆍ어항법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of fishing villages or fishery harbors;

A. The Defendant, without obtaining permission from the managing authority of a fishery harbor, installed one container in the C fishery harbor district located in the C fishery harbor district located in the Pacific City B from January 9, 2014 to July 2016, and occupied fishery harbor facilities by operating a resting restaurant business selling tea, such as coffee.

B. On June 21, 2016, the Defendant failed to comply with an order without justifiable grounds, even though he/she received an order to reinstate by June 30, 2016, with respect to the possession of the said container 1 harbor zone without permission within the said C fishery harbor zone, to reinstate the said container by June 30, 2016.

2. The Defendant violated the Food Sanitation Act, without reporting the business to the competent authorities at the time, time, and place indicated in the paragraph (1) 1-A, operated a non-reported restaurant business by cooking and selling tea, such as coffee, etc., to an unspecified number of people who found the place using containers and cooking utensils, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the D’s written investigation report (related to fishery harbor facilities), photographs of the occupation and occupation order and the order to reinstate, and Acts and subordinate statutes related to the old occupation photograph;

1. Relevant Article of the Fishing Villages and Fishery Harbors Act, Article 60 (2) 3, the main sentence of Article 38 (1) (the occupation and use of an unauthorized fishery harbor facility), Article 60 (2) 4, Article 45 subparagraph 5, and Article 46 (1) of the Fishing Villages and Fishery Harbors Act (the occupation and use of an unauthorized fishery harbor facility), Article 97 subparagraph 1, and Article 37 (4) of the Food Sanitation Act (the occupation of an order to reinstate), each of the fines;

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. It is recognized that the Defendant had been punished once for the same kind of crime under Article 334(1) of the Criminal Procedure Act, but all of the circumstances, such as the Defendant’s acknowledgement of all of the instant crimes, and the content and degree of violation, etc. of the instant crime.

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