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(영문) 춘천지방법원 속초지원 2013.09.11 2013고정97

수산업법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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 the Gosung-gun C Coast Complex Fishing Vessel D (9.77 tons) in Gangwon-do and is engaged in fishery as the captain.

Any person who intends to run any fishery business falling under the coastal fishery business with a powered fishing vessel with a gross tonnage of less than eight tons or a powered fishing vessel with a gross tonnage of more than eight tons but less than ten tons prescribed by Presidential Decree for safe operation of fishing vessels and coordination of fisheries shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.

The above fishing vessel is not allowed to conduct fishing operations in the Gyeong-do Coastal Coastal Coast Guard beyond the boundary of Gangwon-do (37.08 minutes north latitude) with the permission for the coastal fishery that restricts the fishing zone from the head of Goseong-do in Gangwon-do as a Gangwon-do Coastal Day.

Nevertheless, at around 09:10 on October 12, 2012, the Defendant captured 150km (270,000,000 won) from around 13:05 on the following grounds: (a) around 06:33 on the 13rd day of the same month, the Defendant: (b) around 6.6 nautical miles (76-1 Seas; 36.58 degrees north latitude; 129.31 minutes) at the port; (c) around 150km (270,000 won per 2.7 billion won); and (d) around 10:05 on October 13, 2012 at around 10:0,000, at around 13:05, at around 15:30 mal miles-gun, the Defendant died at around 15:30 g of the same day; and (d) at around 15:360 mal miles-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes governing response to requests for cooperation in investigation data, and photographs showing the location of D unauthorized operation;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;