beta
(영문) 대전지방법원 서산지원 2019.05.29 2018고정306

수산업법위반

Text

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

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

Reasons

Punishment of the crime

Defendant is the owner and captain of each net fishing vessel B (4.95 tons, fishing vessel number: C).

Any person who intends to install a specified area of fishing gear or to operate fisheries by using a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than five tons shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility.

Nevertheless, at around 09:45 on May 21, 2018, the Defendant installed one net fishing gear at approximately 4.5 nautical miles (36-36.16N, 126-13.09E sea points) at the southwest-gun, Yananando located in the area where the Yannam-gun located and located, and captured one net gear at around 1.3 nautical miles (36-38.91 N, 126-14.48E points) at the southwest-gun, Yannam-gun, the Naman-gun, the Naman-gun, the Naman-gun, the area of which was located outside of the area where the Yanannam-gun was located, and carried out fisheries by 10 km each net gear. < Amended by Presidential Decree No. 24268, Jun. 26, 2018; Presidential Decree No. 25100, Jun. 26, 2018>

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the details of each detection, each collection photograph, a detailed statement of fishery permission, a respective area permitted for permission for fishing, and B arrest sea areas;

1. Relevant Article 97 (1) 2 and Article 41 (3) of the Fisheries Act, the selection of fines for criminal facts, and the selection of punishment;

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;