logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.01.18 2017고정2258
낚시관리및육성법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to operate a fishing place business in violation of the fishing management and promotion shall obtain permission from the head of a Si/Gun/Gu having jurisdiction over the relevant waters, etc. as prescribed by Ordinance of the Ministry of Oceans and Fisheries;

The Defendant, from March 4, 2017 to March 22, 2017, operated a fishing place in a manner that, without obtaining permission from the competent authority on the surface of land (area 28,800 square meters) artificially developed for the purpose of fishery in Jinsi C, the Defendant run a fishing place by allowing an unspecified number of customers to fish with a total of KRW 60,00 per person after discharging 9,750 square meters on the above surface.

2. Any person who violates the Act on the Management and Reclamation of Public Waters shall occupy or use public waters after obtaining an occupancy or use permit of public waters from the management agency of public waters.

From March 12, 2017 to March 15, 2017, the Defendant engaged in an unauthorized fishing place business as above at the place indicated in paragraph (1), and without obtaining permission from the competent authority, occupied and used public waters by means of releasing water to the river and sea, which is the public waters adjacent to the above fishing place.

Summary of Evidence

1. Statement by the defendant in court;

1. A report (or fact-finding), a field photo of a fishing place, each internal investigation report (as to the on-site verification of D private teaching institutes, and as to the on-site verification of D private teaching institutes), the Internet “E” website photographs, receipts, such as school expenses, ledgers of receipts, details of transactions, investigation reports (as to the evidence of the suspect’s operation of fishing places for profit), photographs related to the inflow and release of seawater, and criminal investigation reports (as to the closure and transfer of a crime scene);

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 53 (1) 2, Article 10 (1) (the occupation of an unauthorized fishing place business) of the Act on the Management and Promotion of Public Waters, Article 62 subparagraph 2, and Article 8 (1) 5 of the Act on the Management and Reclamation of Public Waters (the occupation of using public waters without permission), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

arrow