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(영문) 제주지방법원 2016.08.26 2016고정104
어촌ㆍ어항법위반
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. Any person who intends to use or occupy fishery harbor facilities shall obtain permission from the managing authority of fishery harbors;

On March 30, 2015, the Defendant obtained permission for the use of fishery harbor facilities and the occupation and use of fishery harbor facilities in Jeju-si, Jeju-si, for the purpose of installing and operating amusement facilities, with respect to approximately 69 square meters in size and approximately 209 square meters in water areas, which are around 30 square meters in the area of Jeju-si, Jeju-si, which is a fishery harbor facility, and for the purpose of installing and operating amusement facilities.

Nevertheless, from April 2015 to May 2015, the Defendant installed a land-based obstacle ( approximately two meters wide and approximately two meters long) in a place other than the area permitted to occupy and use fishery harbor facilities and operate fishery harbor facilities without obtaining permission from the fishery harbor management authority.

2. Comprehensively taking account of the following circumstances acknowledged by the record of determination, the evidence submitted by the prosecution alone that the Defendant installed an obstacle to the land area in a place other than the area for which the Defendant obtained permission to occupy and use fishery harbor facilities

There is a lack of recognition and there is no evidence to prove otherwise.

1) On February 19, 2013, the Defendant obtained permission to occupy and use a fishery harbor facility for the purpose of using underwater amusement facilities from the Jeju Mayor to March 31, 2014, with respect to the land area of Jeju-si and branch lines, 69 square meters in the area of Jeju-si and branch lines, and 209 square meters in the water area.

2) Upon filing an application for extension of the period of permission, Defendant 1 obtained permission to use fishery harbor facilities with the same content as the previous one from the Jeju Mayor to March 31, 2015, by setting the occupancy period from April 1, 2014 to March 31, 2015; and the occupancy period from March 30, 2015 to March 31, 2016.

3) According to the ground plan plan, underwater design plan, and use plan plan drawings submitted by the Defendant at the time of obtaining permission to occupy and use the fishery harbor facilities, the part of the land station that obtained permission to occupy and use the fishery harbor facilities is 3 meters wide and 23 meters long and the location (the starting point and end point) on the land (water pumping stations) is not specified in detail, but the length is 23 meters at intervals of 19 meters.

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