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(영문) 광주지방법원 순천지원 2016.09.28 2016고단1378
수산업법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2010, the defendant was sentenced to a fine of 700,000 won by the Gwangju District Court for violating the Fisheries Act.

1. A person who intends to artificially bring in, cultivate, catch, or gather animals or plants in a wetland protection area, and a person who intends to engage in inland sea fisheries (a fishery breeding of marine animals or plants at the surface of land artificially created) shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility;

Nevertheless, on May 5, 2016, the Defendant cultivated a b, C, D, E, F, G, H, and I total of 50,076 square meters in south sib, C, D, G, H, and I, which are within the wetlands protection area of the Yancheon-si around 5, 2016, without obtaining permission for inland seawater fish farming from the net market, and 1 million mari from the seawater.

2. Any person who intends to draw water from co-owned waters in violation of Acts on the Management and Reclamation of Public Waters or discharge water from public waters shall obtain permission for occupation or use of public waters from the management authority of public waters, such as the Minister of Oceans and Fisheries, the branch office of a Special Self-Governing Province, the head of a Si/Gun/Gu, etc.

Nevertheless, in order to carry on the land seawater fish farming business without obtaining permission of the net spring market, which is an agency in charge of managing public waters at the above date and place, the defendant divers used the mother to draw seawater from the above fish farm, which is the co-owned waters, and show water in the farm through pipes to the water-owned waters.

Accordingly, the defendant occupied and used public waters without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the police statement made to J;

1. Each investigation report (a model).

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