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(영문) 창원지방법원 통영지원 2018.04.09 2018고정19
수산업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A manager who manages and operates B/S fishing ground 3.14 L/C, and a person who intends to run the fishery of cultivating shellfishes by dividing a certain area of waters pursuant to Article 8 of the Fisheries Act and using the surface of the waters or installing necessary facilities under water to cultivate shellfish shall obtain a license from the head of the Si/Gun/Gu. However, the Defendant operated a fishing ground of 6.2 ha, which was installed more than 3.14 p.m. and more than 3.06 p.m. of the area licensed in B/S fishing ground located in C/S around July 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes requesting for factual inquiries, such as a written report on the offender's land, a photobook of fishing ground for aquaculture, a copy of the original register

1. Relevant Article of the Fisheries Act and Article 97 (1) 1 of the same Act and Article 8 (1) 3 (Selection of Penalty) of the Fisheries Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment appears to have obtained a fishery license in some of the excessive facilities (including the previous 3.14 second order) after the instant case (including the previous 3.14 second order)

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