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(영문) 수원지방법원 안산지원 2016.09.08 2016고정1061
어촌ㆍ어항법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to use or occupy fishery harbor facilities without permission shall obtain permission from the managing authority of the fishery harbor;

The Defendant, without obtaining permission from the competent authority from January 18, 2015, up to December 18, 2015, installed a 150 square meter of common waters in Ansan-si, an Ansan-si, which is a fishery harbor facility, and occupied and used it without permission by installing a gate, a two-story container, and a chemical unit, which consists of 150 square meters of common waters in Ansan-si.

2. No person who fails to comply with an order to reinstate shall occupy a fishery harbor zone without permission, and implement an order to reinstate or a removal order issued for such violation.

The Defendant, on December 18, 2015, was issued an administrative disposition ordering the restoration or removal of facilities voluntarily from the Korea Marine Tourism Headquarters that was loaned in Ansan-si by January 31, 2016 on the ground that he occupied the fishery harbor zone without permission, as set forth in the above paragraph (1), but did not implement it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes requesting an accusation or accusation;

1. Relevant Article of the Act, Article 60 (2) 3, Article 38 (1) (a) of the Fishing Villages and Fishery Harbors Act (a point where fishery harbor facilities are occupied without permission), Article 60 (2) 4, Article 45 subparagraph 5, and Article 46 (1) of the Fishing Villages and Fishery Harbors Act (a point where an order to reinstate is not issued), and each choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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