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(영문) 전주지방법원 군산지원 2015.10.21 2015고정380

수산업법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Any person who intends to run a coastal fishery business, which uses a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than ten tons in violation of the Fisheries Act, shall obtain a permit for each fishing vessel or fishing gear from the Mayor/Do Governor

On May 28, 2015, at around 05:50, the Defendant, on the 0.1math of the Saemangeum Sea Embankment, was on board as the captain at around B (1.25 tons) from the 0.1st of May 28, 2015, and operated a coastal fishery using the self-net without obtaining permission from the military mountain market.

2. He/she shall not use double or multi-layered gill nets to capture and gather fishery resources in violation of the Fishery Resources Management Act;

The Defendant carried out coastal fisheries by using three double-layered nets at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of statutes governing enforcement manuals;

1. Article 97 (1) 2 and Article 41 (2) of the Fisheries Act for criminal facts and Article 65 subparagraph 5 of Article 65 and Article 23 (3) of the Fishery Resources Management Act (a person who runs a coastal fishery by using a three-dimensional self-net);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;