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(영문) 전주지방법원 군산지원 2012.11.08 2012고정564
공유수면관리및매립에관한법률위반
Text

Defendant

A, B, and C shall be punished by a fine of KRW 1,00,000, and Defendant D shall be punished by a fine of KRW 500,00.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is the owner and captain of the costal cabnet fishing vessel F (total of 1.35 tons) at the time of military origin. A is the owner and captain of the costal cabnetal fishing vessel F (total of 1.35 tons).

Any person who intends to occupy or use public waters, such as new construction of buildings or other artificial structures, shall obtain permission for occupancy or use from the management agency of public waters.

Nevertheless, on August 2002, the Defendant, without obtaining permission to occupy and use public waters, installed a water structure (around 6 meters in length and about 6 meters in length) to use public waters in the Gunsan-si G G port as fishing gear storage place, etc., and occupied and used public waters until June 20, 2012 from that time.

(b) Any person who occupies or uses public waters without obtaining permission for occupancy or use of public waters or consultation or approval for occupancy or use of public waters shall take measures necessary for reinstatement;

Nevertheless, even though the Defendant received an order to reinstate from the Gunsan Regional Maritime Port Authority, which is the management agency of public waters on February 28, 2012, the Defendant failed to comply with the order to reinstate more than twice in total on the grounds that the water structure is a space necessary for operation, etc.

D. On March 28, 2012, 201, the date of the annual order to reinstate the original state shall be as follows: "Until March 26, 2012; Presidential Decree No. 23748, Apr. 25, 2012>

2. Defendant B is the owner and the master of the coastal sea-net fishing vessel H (1.67 tons, 250 ma) in Gunsan-si. A.

Any person who intends to occupy or use public waters, such as new construction of buildings or other artificial structures, shall obtain permission for occupancy or use from the management agency of public waters.

Nevertheless, the Defendant, without obtaining permission to occupy and use public waters, installed a water structure (around 5 cm, about 80 cm, about 5 cm in length, about 80 cm in length, about 5 cm in length) to use public waters in the Gun-si G port at the end of July 2007 for fishing gear storage, etc., and up to June 20, 2012.

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