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(영문) 울산지방법원 2018.02.07 2017고단3159

낚시관리및육성법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the captain and the actual owner of a fishing vessel C(9.77 tons) in Ulsan-gu.

A person who intends to operate a fishing vessel shall prepare a report on the business of fishing vessels and report it to the head of a Si/Gun/Gu who manages the port of registry of the fishing vessel.

Nevertheless, on May 17, 2017, the Defendant, without filing a report on the fishing vessel business, got 2,000,000 won to the fishing vessel at the defensive port of Ulsan-gu, Ulsan-gu, and 16 fishing crew members, such as D(53 years old) for fishing to run the fishing business, left the port and let the fishing passengers fish to run the fishing in the fishing vessel at the 27-day marine level.

Summary of Evidence

1. Statement by the defendant in court;

1. A related report (the matters to be verified as to whether the other fishing party to the boarding vessel is a passenger);

1. C Application of this Act to output of the screen as a result of inquiry of detailed vessel information;

1. Article 53 (2) 4 and Article 25 (1) of the Act on the Punishment, etc. of Specific Crimes and Articles 53 (2) 4 and 25 of the Fishing Management and Promotion Act, the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant, in his/her name, operates a fishing vessel without reporting the business of fishing under his/her own name, thereby failing to comply with the relevant laws and regulations and making it unclear where the responsibility is unknown.

However, the fact that the defendant makes a statement that he/she is confession and in depth, and that he/she has no criminal record other than the one of the single criminal records in 191, etc. are favorable to the defendant, and other factors of sentencing, such as the defendant's age, sex, environment, motive of crime, etc., shall be determined in accordance with the order.