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(영문) 광주지방법원 순천지원 2018.02.20 2017고단2314
수산업법위반등
Text

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

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

Reasons

Punishment of the crime

1. A person who intends to engage in fisheries on land or fisheries (referring to fisheries cultivating marine animals or plants on land or waters artificially created) in violation of Acts and subordinate statutes shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility;

Nevertheless, on May 2017, the Defendant, without obtaining permission from the competent authorities, cultivated 17,554 square meters of 17,554 square meters in a fish farm of 17,554 square meters, which was created by piling a bank to patrolmen B, C, D, E, F, and G, without permission.

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 run 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 dates and places, the defendant used water pumps to draw seawater from the above fish farm, which is the co-owned waters, and show water inside 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. Investigation report (verification as to whether the area of aquaculture and the removal have been made);

1. Report on internal investigation (the attachment of photographs, such as aquaculture and facilities), the application of statutes on site photographs;

1. Relevant Article 97 (1) 2 and Article 41 (3) 2 of the Fisheries Act concerning facts constituting an offense; Articles 62 subparagraph 2 and 8 (1) 5 of the Act on the Management of Public Waters and Reclamation; Selection of each fine for negligence;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is nothing more than the defendant.

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