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(영문) 광주지방법원 해남지원 2018.09.06 2018고단216
수산업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who intends to operate a business of cultivating seaweeds shall obtain a license from the head of a Si/Gun/Gu and operate the fishery business.

피고인은 2015년 경부터 2017. 11. 17. 10:20 경까지 전 남 진도군 B 북방 약 500m 해상에서, 진도 군수로부터 해조류 양식 어업 면허를 받지 아니한 채, 톳 양식시설 20 줄을 설치하고 톳 양식 어업을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the criminal place and an investigation report;

1. Application of statutes on field photographs;

1. Relevant Article 97 (1) 1 of the Fisheries Act and the choice of punishment for the crime;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant's act of cultivating fisheries without a license is not short of the period of time.

On the other hand, however, the defendant recognizes all of his mistake and reflects.

The Defendant removed all the facilities in the form of the judgment.

Defendant has no record of crime.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.

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