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(영문) 대전지방법원 서산지원 2017.02.10 2016고단882
낚시관리및육성법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Anyone who intends to operate a fishing place business shall obtain permission from the head of a Si/Gun/Gu having jurisdiction over the relevant waters, etc., as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Nevertheless, the Defendant, from March 31, 2016 to October 13, 2016, operated a fishing place business under the trade name of “C” without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to verification certificates, photographs of fishing places, land lease contracts, business registration certificates, investigation reports (a summary order violating fishing management and promotion);

1. Article 53 (1) 2 and Article 10 (1) of the Act on the Management and Promotion of elective Fishing and Punishment for Criminal Facts, Articles 53 (1) 2 and 10 of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: From 2013 to 2016, the crime of this case was committed again despite the fact that there was a history of punishment several times of running the fishing place business in the instant fishing place from 2013 to 2016, and the profits therefrom seems to be reasonable: The closure of the instant fishing place; the above circumstances and the defendant’s age, sex behavior, environment, and circumstances leading to the crime, etc. shall be determined as ordered by the order, taking into account all the conditions for sentencing, such as the punishment.

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