A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Anyone who intends to operate a fishing place in private waters shall register with the head of a Si/Gun/Gu having jurisdiction over the relevant waters, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Nevertheless, the Defendant, without registering with the competent authority from April 14, 2017 to July 10, 2019, operated a fishing place in a manner that receives service fees of 10,000 won from customers who found their place under the trade name “C” in Nam-si, Nam-si, Gyeonggi-do, and received service fees of 10,000 won from customers.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and an explanatory note;

1. Application of statutes on site photographs;

1. Relevant Article 53 (2) 2 and Article 16 (1) of the Act on the Punishment, the Selection of Fishing, Management and Promotion of Criminal Proceeds, and Articles 53 (2) 2 and 16 (1);

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are many of the criminal records of the same kind, and when the probation period has commenced, it is inevitable to sentence imprisonment because the defendant again committed the instant crime at the same place as the Roman and again committed the instant crime.

However, the circumstances that the defendant led to the confession and reflect of the crime of this case, the crime of this case is in the nature of a living-type crime, and the fishing place has a different character, and there are circumstances to take into account the health conditions, etc. In addition, the defendant's age, character and behavior, environment, family relationship, motive of the crime, means and result of the crime, and all sentencing factors specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.