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(영문) 광주지방법원 해남지원 2018.09.20 2018고단179
수산업법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” of a land sea-water culture business entity located in the Gun, Namdo.

1. No person who violates law shall operate a fishery business without obtaining a fishery permit or filing for registration thereof under the Act on Fisheries;

However, from February 22, 2016 to December 1, 2017, the Defendant engaged in the land sea-water farming business by artificially cultivating light on the surface of the surface of the land artificially created without obtaining permission from the above farming business entity from the above farming business entity.

2. Any person who intends to occupy or use public waters by drawing water from public waters in violation of Acts on the management and reclamation of public waters, flowing water into public waters, etc. shall obtain permission to occupy or use public waters from the management authority of public waters;

However, from February 22, 2016 to December 1, 2017, the Defendant occupied and used public waters by installing 250 meters in length and 60 centimeters in diameter in order to draw sea water from the public waters in front, without obtaining permission to occupy and use public waters from the head of the Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (verification of the receipt of marine water that has been sold by a person who died of a changer, causes of an accident, and confirmation of financial resources connected to a marine water transferee);

1. Notification of the results of a request for cooperation in investigation and request for cooperation in investigation;

1. Application of Acts and subordinate statutes to the field-based photographs and photographs taken over of sea water;

1. Relevant provisions of the Fisheries Act and Articles 97(1)2 and 41(3)2 (the point of operating fisheries without permission) concerning facts constituting an offense, the choice of punishment, and the choice of imprisonment, respectively; Article 62 Subparag. 2 and 8(1) of the Act on the Management and Reclamation of Public Waters (the point of occupying and using public waters without permission);

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

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

1. The community service order under Article 62-2 of the Criminal Act

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