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(영문) 수원지방법원 2017.01.18 2016고정3000
어촌ㆍ어항법위반등
Text

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

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

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 24, 2016 to September 19, 2016, the Defendant established a container of 7.5 square meters (x 3m x2.5m) in the area of 7.5m (3m x2.5m) within the fishery harbor district, which is a state-owned fishery harbor located in B, and occupied fishery harbor facilities without obtaining permission from the fishery harbor management authority, by engaging in a resting restaurant business for selling coffee, coffee and dys, etc. against many unspecified customers, and without obtaining permission from the fishery harbor management authority.

B. On June 21, 2016, the Defendant failed to comply with an order to reinstate the land in the name of the Chinese market, even though he/she received an order to reinstate the land in the name of the Chinese market by June 30, 2016, on a container installed without permission as referred to in paragraph 1(a), in the zone of the C fishery harbor located in B, as described in paragraph 1(a), with respect to the unauthorized possession of the area of the fishery harbor by installing a container as referred to in paragraph 1(a).

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

1. At the time and place specified in paragraph (1), a non-reported restaurant business was operated by cooking and selling a live map, coffee, etc. to many unspecified people who find their places using containers and cooking utensils installed therein without reporting business to the competent authorities;

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to attach a written order for reinstatement);

1. Application of the Acts and subordinate statutes on the written accusation;

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) order of restitution.

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