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(영문) 광주지방법원 해남지원 2019.10.17 2019고단300
수산업법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in fishery as the captain of a fish farm B (1.18 tons, Soloin 175 Ear).

A person who intends to engage in fisheries cultivating seaweeds by subdividing specified waters and using bed of the waters or installing facilities under water as necessary shall obtain a license from the head of a Si/Gun/Gu.

Nevertheless, from the early December 2018 to March 5, 2019, the Defendant did not obtain a license from the competent authority on the sea of approximately 1.8 miles-gun, Jindo-gun, Jindo-gun, and installed 30 lines of Kim Farming facilities using B without permission and managed them, thereby running fish farming.

Summary of Evidence

1. Defendant's legal statement;

1. Plans of GPS for the vessels for fisheries guidance;

1. Application of statutes governing field control photographs;

1. Relevant Article 97 (1) 1 of the Fisheries Act and the choice of punishment concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 100(1) of the Fisheries Act, despite the fact that the defendant had been sentenced to a fine on three occasions for the same kind of crime, is again committed the crime in this case; the period for running an unlicensed fishery business is not shorter than the period for voluntary removal; the defendant failed to comply with the period for voluntary removal originally agreed in Jindo-gun; the removal of the facility was completed thereafter; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and all of the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, shall be determined as ordered

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