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(영문) 광주지방법원 순천지원 2016.09.28 2016고단1375
수산업법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2007, the defendant was sentenced to a summary order of a fine of one million won as a violation of the Fisheries Act from the Gwangju District Court's net support on September 19, 2007.

1. A person who intends to artificially bring in, cultivate, catch, or gather animals or plants in a wetland protection area, and a person who intends to engage in inland sea fisheries (a fishery breeding of marine animals or plants at the surface of land artificially created) shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility;

Nevertheless, on April 19, 2016, the Defendant cultivated a b, C, D, E, F, F 42,814 square meters in Namcheon-si, Namcheon-si, the wetlands protection area of Yancheon-do around 19, 2016, without obtaining permission for inland sea-water fishing from the net market, and he stored a bank, and created a new seed farm in seawater with seawater, and 2 million b million mari was discharged.

2. Any person who intends to draw water from co-owned waters in violation of Acts on the Management and Reclamation of Public Waters or discharge water from public waters shall obtain permission for occupation or use of public waters from the management authority of public waters, such as the Minister of Oceans and Fisheries, the branch office of a Special Self-Governing Province, the head of a Si/Gun/Gu, etc.

Nevertheless, in order to carry on the land seawater fish farming business without obtaining permission of the net spring market, which is an agency in charge of managing public waters at the above date and place, the defendant divers used the mother to draw seawater from the above fish farm, which is the co-owned waters, and show water in the farm through pipes to the water-owned waters.

Accordingly, the defendant occupied and used public waters without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each investigation report (at least twice the aquaculture); and

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