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(영문) 수원지방법원 2017.05.18 2017고정821
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 September 2015 to September 9, 2016, the Defendant established one container and occupied fishery harbor facilities without obtaining permission from the managing authority of the fishery harbor within the C-harbor area, which is a facility of the State-owned fishery harbor located in B from Sep. 2015 to September 2016, the Defendant occupied fishery harbor facilities without obtaining permission from the managing authority of the fishery harbor.

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 did not report the business to sell the container and its gas sirens, coffees, etc. to an unspecified number of people who find the place using the container and its coffees, etc., without reporting the business.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant Article of the Fishing Villages and Fishery Harbors that choose the punishment, Article 60 subparag. 2 subparag. 3, the main sentence of Article 38 subparag. 1 (the occupation of an unauthorized fishery harbor area) of the same Act, Article 97 subparag. 1, Article 37 subparag. 4 (the occupation of an unregistered restaurant business) of the Food Sanitation Act, and the selection of fines, respectively;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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