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(영문) 수원지방법원 2017.06.28 2017고정262
어촌ㆍ어항법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In light of the records, criminal facts were appropriately revised to the extent that there is no impediment to the defendant's exercise of the right of defense and basic facts were identical.

The defendant is a person who operates a mobile singing room on a C truck vehicle.

1. The Defendant, without obtaining permission from the managing authority of the fishery harbor, occupied and used the fishery harbor facilities by installing the said vehicle in the area of approximately 15 square meters (3m x 5m) of the E-harbor area, which is the State fishery harbor located in the e-harbor area, the E-harbor area, which is the State fishery harbor located in the e-harbor area, from the beginning of March 2015 to the early of August 2016, by using sound facilities installed in the vehicle for the people who walk the said vehicle.

2. On June 20, 2016, the Defendant did not comply with an order to reinstate the said vehicle within the said E-fishing port facility under the name of the Chinese market to reinstate it by July 5, 2016, even though he/she received an order to reinstate it by July 5, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. An order for restitution;

1. Application of Acts and subordinate statutes to on-site photographs and location map of street points;

1. Relevant Article of the Fishing Villages and Fishery Harbors Act, Article 60 (2) 3 of the Fishing Villages and Fishery Harbors Act, the main sentence of Article 38 (1) (the occupation and use of an unauthorized fishery harbor facility), Article 60 (2) 4, Article 45 subparagraph 5, and Article 46 (1) (the occupation and use of an unauthorized fishery harbor facility) concerning the crime, the selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel are that the place where the defendant installs a vehicle does not constitute fishery harbor facilities as a parking lot.

The argument is asserted.

In full view of the evidence duly admitted and examined by this court, the place where the defendant installed a vehicle is a parking lot in E-land, a national fishery harbor.

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