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(영문) 인천지방법원 2015.10.23 2015고정2422
공유수면관리및매립에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to draw water from or discharge water to any public waters in the management and reclamation of public waters in violation of the Public Waters Act shall obtain permission to occupy or use public waters from the management agency of public waters as prescribed by Presidential Decree;

Nevertheless, the Defendant, when operating the B fishing place from August 1, 2012 to May 8, 2015, operated the B fishing place, used the pipes installed in B fishing place adjacent to the B fishing place on August 1, 2012, such as drawing 10,00 liters of seawater over 89 times in total, as shown in the attached list of crimes.

2. A person who intends to operate a fishing place business in violation of 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

Nevertheless, the Defendant, without permission for a fishing place business, received fishing place usage fees (30,000 won) from August 1, 2012 to May 8, 2015 from the Incheon Cheongjin-gun C and operated a fishing place business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes on site photographs;

1. Article 62 Subparag. 2 and Article 8(1)5 of the Act on the Management and Reclamation of Specific Criminal Records; Articles 53(1)2 and 10(1) of the Fishing Management and Promotion Act; the selection of fines for negligence;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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