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(영문) 광주지방법원 순천지원 2017.01.10 2016고단1376
수산업법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fisheries law and wetlands conservation law are designated as “F”, and no person shall artificially bring in, cultivate, capture, or gather animals and plants in a wetland protection area, and any person who intends to engage in land seawater fisheries (a fishery that cultivates marine animals and plants at the surface of land artificially created) shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility;

Nevertheless, from around May 2014 to May 2016, the Defendant: (a) planned banks in the area of 35,471 square meters in the area of Y, H, I, J, K, K, L, and M, both of which are located in F; and (b) created a plantation in the area of seawater without obtaining a permit for inland sea-water farming from the net market; and (c) cultivated sea blives, slopings, and snives.

2. Any person who intends to draw water from co-owned waters in violation of Acts on the Management and Reclamation of Public Waters or discharge water from public waters shall obtain permission for occupation or use of public waters from the management authority of public waters, such as the Minister of Oceans and Fisheries, the branch office of a Special Self-Governing Province, the head of a Si/Gun/Gu, etc.

Nevertheless, in order to run the land seawater fish farming business without obtaining permission of the net spring market, which is an agency in charge of managing public waters at the above time and place, the defendant used pumps and water vehicles to draw seawater from the above fish farm, which is the public waters, and show water in the farm through pipes to the water-sharing water level.

Accordingly, the defendant occupied and used public waters without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police with respect to the N;

1. Domestic investigation report - The attachment of data and satellite photographs twice in the form;

1. Investigation Report - Attachment of a model bund and a photo of the breeding paper;

1. Investigation Report - Application of the laws and regulations relating to the suspect type

1. Criminal facts;

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