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(영문) 광주지방법원 목포지원 2016.08.29 2016고정312

수산업법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a captain of a fishing vessel with no registration without permission (12 tons, FRP).

Any person who intends to run a fishery business using a power-driven fishing vessel of not less than 10 gross tons shall obtain permission for each fishing vessel or fishing gear from the Minister of Maritime Affairs and Fisheries.

Nevertheless, the Defendant, at around 23:52 on November 14, 2015, carried out fisheries by using one fishing gear at a view at the sea without the permission of the Minister of Maritime Affairs and Fisheries at around 3.5 nautical miles (North Korea’s latitude 35:56.5 minutes, east 126.0 minutes, east 126.0 minutes, east 184-3 Sea) from the south of the breakwater located at the Gunsan-si port.

Summary of Evidence

1. Statement by the defendant in court;

1. The police seizure protocol, patrol manual, arrest location map, application of examination of evidence-related Acts and subordinate statutes;

1. Article 97 (1) 2 and Article 41 (2) of the Fisheries Act, the selection of fines, and the applicable law to facts constituting an offense, and the selection of punishment;

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

1. Article 100 (1) of the Fisheries Act;

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