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(영문) 창원지방법원 마산지원 2014.02.13 2014고정32

수산업법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the owner and captain of 2.00 tons of a coastal complex fishing vessel B (2.00 tons) in Masan-dong, Chungcheongnam-dong, and C is the diving department.

No one shall capture, gather or cultivate marine animals and plants in any way of fishery other than those under the Fisheries Act or the Fishery Resources Management Act.

Nevertheless, at around 13:00 on October 13, 2013, the Defendant, in collusion with C, captured 12 Madle (5kg) in the vicinity of Muwonwon, using the above B from 18:20 to 20:40 on the same day after departing from the port of Yongsan-gu, Changwon-si, Changwon-si (hereinafter referred to as the “Yuwon-si”), through the “one-person illegal multi-person assistance business” at the sea near Muwonwon-si, 18:20 to 20:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to C

1. Article 97 (1) 4 and Article 66 of the Fisheries Act, Article 30 of the Criminal Act, the selection of fines and fines for criminal facts;

1. Articles 70 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;