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(영문) 대전지방법원 서산지원 2015.09.10 2015고정176
어촌ㆍ어항법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated fishing villages and fishery harbors without obtaining permission from the fishery harbor management authority, and occupied and used approximately 1.17 square meters of fishery harbor facilities by installing a lusium in which flusium, etc. are installed from around September 15, 2014 to around September 26, 2014, and from around October 27, 2014 to around November 2, 2014 at the B parking lot Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun.

2. The Defendant violated the Food Sanitation Act, without filing a report with the head of Taean Gun on September 15, 2014 to November 2, 2014, operated resting restaurant business by installing a riccar equipped with cooking and sales facilities, such as slick slicket, etc., in the B parking lot Yannam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and cooking and selling to many unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to replies to requests for cooperation in investigation affairs;

1. Relevant statutory provisions concerning criminal facts, Articles 60 (2) 3 and 38 (1) of the Fishing Villages and Fishery Harbors that choose punishment, Article 97 (1) and Article 37 (4) of the Food Sanitation Act, and the choice of fines;

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

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order are the primary offenders, and the area of fishery harbor facilities used by the defendant is small and living criminals as well as all kinds of sentencing conditions shown in the records and arguments of this case shall be determined by comprehensively taking into account the following factors:

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