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(영문) 수원지방법원 안양지원 2015.04.10 2014고정1140
낚시관리및육성법위반등
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant violated the Fishing Management and Fishing Promotion Act, without registering with the Gunpo City Mayor, operated a fishing place with the trade name “C fishing place” from the fish farm located in Gunpo-si B from February 4, 2014 to August 17:00.

2. The Defendant violated the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. without obtaining permission from the Commissioner of the Gyeonggi Provincial Police Agency from around 15:00 on August 9, 2014 to around 17:00 on the same day, received admission fees from visitors in the above “C fishing place” by KRW 10,000 per person, and operated a speculative business by granting free right to use one day of the above fishing place free of charge to those who are required for the order of priority from Grade 1 to 10 according to the weight of the water height.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared in D, E, and F;

1. Certification of G production;

1. Application of statutes to a report on detection (violation of fishing management and promotion, etc.);

1. Article 53 (2) 2, Article 16 (1) of the Act on Special Cases concerning Regulation and Punishment, such as Relevant Acts concerning facts constituting an offense, the management of selective fishing and punishment, and the election of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is considerable (4 pages, 12-15 pages of investigation records), the primary offender, and the fact that the instant crime was discovered and the instant crime was not conducted, a fine prescribed in the summary order shall be reduced in consideration of the circumstances.

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