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(영문) 광주지방법원 해남지원 2019.10.31 2019고단318
수산업법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

Any person who intends to carry on the business of cultivating seaweeds by subdividing specified waters and using bed of the waters or installing facilities under water as necessary, shall obtain a license from the competent authorities.

Nevertheless, from January 20, 2019 to February 23, 2019, the Defendant did not obtain a license by using the management line C (1.17 tons, ship diesel 120 miles) at the sea of approximately 2.7 miles-gun, Jeonnam-do, and Jeonnam-do from February 20, 2019, and operated non-licensed fisheries by installing 20 lines of Kim-type facilities and operating Kim-type Kim.

Summary of Evidence

1. Defendant's legal statement;

1. A list of seizure and a protocol of seizure;

1. A certificate of confirmation of the location of the detection, a certificate of designation of the use of the control vessel, and a shipment certificate;

1. Application of the Acts and subordinate statutes to seized objects, photographs and control sites photographs;

1. Relevant Article 97 (1) 1 of the Fisheries Act and the choice of punishment concerning facts constituting an offense;

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

1. Although the reason for sentencing under the main sentence of Article 100(1) of the Fisheries Act of confiscation had the record of multiple times of punishment for the same kind of crime, the punishment for the crime of this case is not exceptionally applied in that the defendant recognized the crime of this case, the fact that the defendant does not seem to have obtained a large economic benefit due to the crime of this case, the removal of aquaculture facilities after the detection of this case and completed restoration to the original state, the possibility of recidivism is low in the present Kim Farming business, and all other sentencing conditions shown in the records and arguments, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, etc., shall be determined as per the order.

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