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(영문) 광주지방법원 목포지원 2020.02.07 2019고단741
공유수면관리및매립에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to cultivate marine animals and plants in a land surface artificially developed shall obtain permission from the competent authority for each fishing vessel, fishing gear, or facility;

Nevertheless, from May 2018 to June 5, 2019, the Defendant engaged in sea-water breeding business on land, such as operating a new fish farm in a manner of planting a spawn by entering a new spawn with a new spawn with no permission from the Sinan-Gun Office, the competent authority, from May 2018 to June 2019.

2. Any person who intends to bring in water from or discharge water to any public waters shall obtain permission to occupy or use public waters from the management agency of public waters;

Nevertheless, the Defendant used public waters by using entry and drainage pipes without obtaining permission to use public waters from the Newanan Military Service, the management agency of public waters, when operating a new fish farm which was not permitted at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a full certificate of the matters to be registered (B) and a request for cooperation in investigation data (a fishery permit for land injury fisheries, a permit for occupation and use of public waters), response according to a request for data on investigation, satellite photographs (B), collection photographs, investigation reports (on-site verification of land injury fisheries and verification of permitted matters), and investigation reports (on-site verification of illegal occupation and use of public waters);

1. Article 62 Subparag. 2, Article 8(1) (unauthorized Use of Public Waters), Article 97(1)2, and Article 41(3)2 of the Fisheries Act concerning criminal facts; and the selection of imprisonment for a violation of Article 62 Subparag. 2, Article 62 of the Act on the Management of Public Waters and Reclamation;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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