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(영문) 춘천지방법원 속초지원 2015.08.19 2015고정45

수산업법위반(월선조업)

Text

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

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

Reasons

Punishment of the crime

The defendant is the captain of C(1.98 tons), which is the ship's management officer of Gangwon-gun, and D, as the father of the defendant, is the owner of the above ship and the owner of the diving and the defendant and the above D, who are engaged in fisheries.

No person shall engage in fishing or sail in excess of the fishing limit line in the East Sea (38° 33° 09.83'''') restricted by a high-ranking Gun as it is deemed necessary for military training or the protection of major military bases.

Nevertheless, on April 2, 2015, at around 07:15, the Defendant, along with the above D, navigated a fishing vessel so that the Defendant can carry on diving operations on the sea-bed, and collected 10 m3 m3 m3 east 128 m6 east 128 m east 128 m 24 m east 127 m east 127 m east 128 m 24 m east 100 m east 21 m east 128 m 95 m east east 10 m east east 128 m 24 m east east.

Accordingly, the defendant, in collusion with the above D, violated the restriction or suspension of fisheries by the head of a high-ranking Gun for military training and the protection of major military bases, or a disposition of mooring a fishing vessel.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Qacks and C anti-port materials at the scene of a police officer in charge of crackdown;

1. Suppression photographs of the control site;

1. Application of Acts and subordinate statutes on internal investigation reports (for specification of the location of operations carried out on a monthly basis);

1. Relevant Articles 97 (1) 3 and 34 (1) 2 of the Fisheries Act concerning criminal facts, Article 30 of the Criminal Act, selection of fines, and selection of fines;

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;