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(영문) 창원지방법원 진주지원 2018.05.17 2018고정85

수산업법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person engaged in fisheries by reporting a diving fishery in the South and South Sea Zone.

No one shall capture, gather or cultivate marine animals or plants by any method of fisheries other than those licensed, permitted or reported.

Nevertheless, around 08:10 on September 2, 2017, the Defendant embarked on B at the port of the Czenam-gun, Chungcheongnam-do, Chungcheongnam-do, in order to leave the port; from 08:30 to 09:00 on the same day, the Defendant used scoodr equipment such as air transit at the sea in the front of the East Sea, and obtained approximately 10km from the sea in front of the East Sea, and collected approximately 10km in front of the sea.

Accordingly, the defendant collected marine animals and plants by the method of fishery other than licensed, permitted or reported fishery.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Arrest report of a person who violates the fishery resources management Act, and evidence and photographs thereof at the scene of the violation;

1. A copy of a fishery report;

1. A copy of certificate of registration of water leisure craft;

1. Details of investigation reports (verification of plans for relief projects by the fire in the South Sea, gender) and the grant of subsidies for relief projects and decision-making thereof in 2017;

1. Application of Acts and subordinate statutes to investigation reports (referring to fishing methods and review of statutes);

1. Article 97 (1) 4 and Article 66 of the Fisheries Act and the selection of fines for criminal facts;

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

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