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(영문) 수원지방법원안산지원 2020.09.09 2020고단2190
낚시관리및육성법위반등
Text

A defendant shall be punished by imprisonment 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

1. The Defendant in violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. is a person operating “C” in Si interesting City B.

Anyone who intends to operate a speculative business shall obtain permission from the commissioner of the competent district police agency, as prescribed by Ordinance of the Ministry of Public Administration and Security.

Nevertheless, on April 29, 2020, the defendant received 30,000 won from the customers without permission from the Commissioner of the Gyeonggi Provincial Police Agency and provided them with free vouchers equivalent to 90,000 won (30 free vouchers) equivalent to 4.50,00 won to 1,00 won (15 free vouchers), 2, etc. according to the result of adding up the weight of 2-maths, which is the largest of the hot 2-days during the period of running the business, to 2, etc., free vouchers equivalent to 30,00 won (15 free vouchers), free vouchers equivalent to 300,00 won (10 free vouchers), free vouchers equivalent to 60,000 won to 4,000 won (2 free vouchers), and free vouchers equivalent to 30,000 won to 5,000 won (1 free vouchers).

2. Any person who intends to run a fishing place business in violation of the Fishing Management and Fishing Promotion Act shall register with the head of a Si/Gun/Gu having jurisdiction over the relevant waters, as prescribed by Ordinance of the Ministry of Oceans and Fisheries;

Nevertheless, the Defendant operated a fishing place business in the same manner without registering with the Mayor of the Si of Si, at the same time and place as described in the foregoing paragraph (1).

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports, such as field photographs, etc. (as to the statement of sons on the spot), at the time when the Defendant’s legal statement and report (the following person’s statement and the content

1. Article 30 (2) 1, Article 4 (1) of the Act on Special Cases concerning the Regulation and Punishment of Specific Crimes, Regulation of Speculative Acts, etc. by which punishment is selected, Article 53 (2) 2, and Article 16 (1) of the Fishing Management and Promotion Act, Articles 53 (1) of the Act on Special Cases concerning Fishing Management and Promotion, and Selection of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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