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(영문) 광주지방법원순천지원 2020.10.22 2020고단331
수산업법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in the land seawater breeding business (or fisheries cultivating marine animals or plants at the surface of land artificially developed) shall obtain permission from the head of a Si/Gun/Gu for each facility;

Nevertheless, from February 2, 2018 to October 2019, the Defendant cultivated a spaw in a way that spawned-si B, C, and D, 4,109 square meters of salt farms located in Macheon-si B, C, and D without obtaining permission for the cultivation of seawater from the net market, spawned-si, spawned-si, spawned-si, and spawned-si.

2. Any person who intends to draw water from public waters in violation of the Public Waters Management and Reclamation Act or discharge water from public waters shall obtain permission to occupy or use public waters from the management agency of public waters, such as the Minister of Oceans and Fisheries, the Governor of a Special Self-Governing Province, and the

Nevertheless, in order to conduct the land seawater fish farming without obtaining permission from the management agency of the land sea water market at the above time and place, the Defendant saw seawater from the above fish farm, which is a public waters, using the frightter, and produced water in the fish farm through pipes to the water level as a public water.

Accordingly, the Defendant occupied and used public waters without obtaining permission.

Summary of Evidence

1. Application of Acts and subordinate statutes on site photographs of the accused, such as reporting on internal investigation (the currency of the head of the E fishing village fishing village fraternity) by the accused in his/her legal statement, and cooperation in investigation (the answer

1. Article 97(1)2 and Article 41(3)2 of the former Fisheries Act (wholly amended by Act No. 16568, Aug. 27, 2019); Article 62 Subparag. 2 and Article 8(1) of the Public Waters Management and Reclamation Act; Articles 62 Subparag. 2 and 8(1) of the Public Waters Management and Reclamation Act; the choice of imprisonment for each of the following matters:

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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