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(영문) 광주지방법원 순천지원 2019.08.09 2019고단396

수산업법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in fishery as a new fluorl fishing vessel registered in the Goung-gun (4.95 tons, diesel 281ma).

A person who intends to install a specific area of fishing gear or operate fishery business within a demarcated zone of a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than five tons shall obtain a license from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility.

Nevertheless, at around 12:40 on April 26, 2018, the Defendant, without obtaining permission for a leisure market, carried on the fishery with a new fishing net fishing gear using the above fishing vessel at the 5-day west northwest-do, Seocho-do, Seocho-do.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes concerning maps, photographs, copies of fishery permit certificates, shipping certificates, and fishery permit certificates;

1. Article 97 (1) 2 and Article 41 (3) of the Fisheries Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Although the reason for sentencing under Article 100(1) of the Fisheries Act of forfeiture has been sentenced five times to a fine for the same kind of crime, the fact that the defendant was committed at the time of committing the crime, and that the defendant would not be punished again, and that the defendant would not be punished again, the punishment shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments of this case, such as the age, character and conduct of the defendant, and environment.