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(영문) 광주지방법원 해남지원 2019.05.30 2019고단122
수산업법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Any person who intends to conduct the business of cultivating seaweeds in a demarcated area of waters by using the bottom of the waters or installing facilities under water as necessary, shall obtain a license from the competent authorities.

Nevertheless, from January 12, 2019 to March 19, 2019, the Defendant, without obtaining a license at approximately 2.7 km-gun, Jindo-gun, Chungcheongnam-do, Namnam-do, and without obtaining a license at approximately 2.7 km-gun, Jindo-gun, and operated without obtaining a license.

Any person who intends to conduct the business of cultivating seaweeds in a demarcated area of waters by using the bottom of the waters or installing facilities under water as necessary, shall obtain a license from the competent authorities.

Nevertheless, from January 9, 2019 to April 19, 2019, the Defendant did not obtain a license at the sea of approximately 4.1km southwest-west C, and installed 94 lines for Kim Farming facilities, and operated without obtaining a license for Kim Farming facilities.

Summary of Evidence

[2019 Highest 122]

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A certificate;

1. A certificate of location for detection and a statement of business trip name;

1. On-site photographs and location map;

1. One copy of the illegal fishery control photograph, on-site photograph, and the GPS output map (2019Sang 144);

1. Defendant's legal statement;

1. A criminal investigation report;

1. A written confirmation and a written confirmation;

1. Application of the facilities location, photographs, and statutes governing the detection thereof;

1. Relevant Article 97 (1) 1 of the Fisheries Act and the choice of punishment concerning facts constituting an offense, each of the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under the main sentence of Article 100(1) of the Fisheries Act, despite the fact that the defendant had been subject to punishment twice for the same crime, led to the crime of this case again, the defendant did not meet the size of the facilities installed by the defendant, and did not comply with the order of the competent authority to remove the facilities of Kim Farming. However, the fact that the defendant recognized a crime, and the fact that the defendant is highly economical as the crime of this case.

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