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(영문) 수원지방법원 2017.02.10 2017고정3
어촌ㆍ어항법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Violation of fishing villages or fishery harbors;

(a) Any person who intends to use or occupy fishery harbor facilities occupying and using such fishery harbor facilities without permission shall obtain permission from the fishery harbor management authority;

Nevertheless, from April 2016 to July 2016, the Defendant occupied and used fishery harbor facilities without obtaining permission from the fishery harbor management authority in the area of Pyeongtaek-gu fishery harbor, which is a national fishery harbor located in the 689-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si and parked one cargo vehicle and sold sptruding-do-ri-ri-do-ri-ri-ri-ri-ri-ri-ri-

B. On June 21, 2016, the Defendant failed to comply with an order to reinstate the area of national fishery harbor by using cargo vehicles installed without permission as referred to in paragraph 1-A within the area of the Pyeongtaek-gu fishing port located in the 689-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, in the event that he/she was ordered to reinstate the area of the national fishery harbor by June 30, 2016, but did not comply with the order without justifiable grounds.

2. Any person who intends to operate a resting restaurant business shall file a report with the competent authority on each type of business or each place of business in accordance with the relevant regulations;

Nevertheless, the Defendant, without reporting the business to the competent authorities at the time and place specified in paragraph 1(a), prepared and sold a slick paper, slicker, slicker, etc., which was installed in the cargo car and the oil slicker, etc., to an unspecified number of people who found the place, without reporting it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing accusation, site photographs, and additional site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Occupation and use of an unauthorized fishery harbor district: Article 60 (2) 3 and the main sentence of Article 38 (1) of the Fishing Villages and Fishery Harbors Act;

(b) Point of failure to implement an order for restitution: Article 60 (2) 4, Article 45 subparagraph 5, and Article 46 (1) of the Fishing Villages and Fishery Harbors Act.

(c) non-declaration;

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