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(영문) 광주지방법원 순천지원 2012.11.01 2012고단2071
수산업법위반
Text

Defendants shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendants’ Conspiracy

1. A person who intends to run a fishery business cultivating shellfish by partitioninging certain waters and using the bed of the waters or installing facilities under the water as necessary, shall obtain a license from the head of the Si/Gun/Gu, but around the middle of April 201, he/she spreads approximately 6 tons of a sloping-gun C branch line of Incheon Sipo-gun, Incheon, without obtaining a license for approximately 20 hectares of the public waters in the middle of April 201, and conducts a non-licensed shellfish farming business by spraying approximately 0.2 tons of the sloping-gun D public waters in the middle of May 201, and without obtaining a license for approximately 0.2 tons of the sloping-gun D public waters in the middle of the middle of May 2011;

2. A person who intends to carry on seeds and seedlings production fishery business shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility, but around August 201, a seed and seedling production fishery business operator carried on a seed and seedling production business with a 180 mix (a 100-meter radius per line length and a 1-meter radius) of a 8-day deep sea public water surface at the end of the end of the end of the pertinent year, by installing a 180 mix of a seed and seedling production business with no permission.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. The police statement concerning F;

1. A criminal investigation report (the placement of a grave facility and spraying site without permission);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 97 (1) 1, Article 8 (1) 3, Article 97 (1) 2, and Article 41 (3) 3 of the Fisheries Act concerning facts constituting an offense; Article 30 of the Criminal Act;

1. Selection of each sentence to imprisonment with prison labor (the defendant's past records of punishment, degree of violation of the Fisheries Act in this case, or his attitude shall be selected);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Article 62-2 of the Criminal Act of each community service order;

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