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(영문) 수원지방법원 2017.01.11 2016고정2890
어촌ㆍ어항법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to use or occupy fishery harbor facilities violating fishing villages and fishery harbors shall obtain permission from the fishery harbor management authority;

Nevertheless, from November 2015 to July 18, 2016, the Defendant parked one ton cargo vehicle in the C fishery harbor district, which is a national fishery harbor located in C fishery harbor located in C fishery harbor located in B, without obtaining permission from the fishery harbor management authority, and operated a resting restaurant business that sells tea, such as coffee, with the trade name of “D” and occupied fishery harbor facilities without obtaining permission from the fishery harbor management authority.

2. Any person who intends to operate a resting restaurant business shall file a report with the competent authority on each type of business or each place of business in accordance with the relevant regulations;

Nevertheless, the Defendant, at the time and place specified in paragraph 1, did not report the business to the competent authorities, and provided a non-reported restaurant business without reporting by cooking and selling teas, coffees, etc. to many unspecified people who find their places using freight cars and coffee preparations installed therein.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation or an investigation report (Submission of a photograph of a person in charge of watching and listening to compatibility);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Use, etc. of unauthorized fishery harbor facilities: Article 60 (2) 3 and the main sentence of Article 38 (1) of the Fishing Villages and Fishery Harbors Act;

(b) Point of non-reported restaurant business: Selection of fines under Articles 97 subparag. 1 and 37 subparag. 4 of the Food Sanitation Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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