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(영문) 광주지방법원 순천지원 2018.09.13 2018고단1520
수산업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to engage in fisheries cultivating seaweeds by subdividing specified waters and using bed of the waters or installing facilities under water as necessary shall obtain a license from the head of a Si/Gun/Gu.

Nevertheless, around November 13, 2017, the Defendant installed Kim Inaculture 60 Mo (120 books) for the purpose of cultivating seaweeds without obtaining a license for the deep-sea fishing at the sea of 2.5 Eth day in the Nam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of illegal facility control photographs, shipment certificates, and fishing licenses;

1. Relevant Article 97 (1) 1 and Article 8 (1) 2 of the Fisheries Act, the selection of punishment for an offense, and the selection of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act in the suspended sentence are as follows: (a) the Defendant engaged in aquaculture without a license; and (b) the size is not small.

Defendant has been punished for the same kind of crime.

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

The defendant's period of farming without a license does not extend to the period of farming fishery.

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

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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