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(영문) 대전지방법원 서산지원 2015.04.09 2014고정383

수산업법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner and captain of the non-registered out-of-registration fishing vessel (a vessel of approximately 0.5 tons, FRP, 15 EM) located at the arrival of the ship in the So-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-U.S.

Any person who intends to operate a fishery business with a powered fishing vessel with a gross tonnage of less than eight tons shall obtain a permit for each fishing vessel or fishing gear from the head of the Gun.

Nevertheless, from September 15, 2014 to 23:10 on September 15, 2014, the Defendant illegally captured 50 mags by using a vessel with the above unregistered flag that did not obtain a fishery permit on the sea at approximately 100 meters in front of the arrival of the ship in the Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control results related to the report on the illegal falling under the night time in the nearest area;

1. Application of five copies of documentary evidence photographs to Acts and subordinate statutes;

1. Relevant Article 97 (1) 2 and Article 41 (2) of the Fisheries Act, the selection of fines for criminal facts, and the selection of punishment;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include the fact that it is easy for the Defendant to capture a remote fishing vessel despite the permitted fishing vessel, and the Defendant has been punished several times for the same kind of crime in the past, and the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions in the records and arguments of the instant case.