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(영문) 춘천지방법원 강릉지원 2014.10.07 2014고정11

수산업법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. No fishery right holder shall violate any order or disposition under the Fisheries Act, or any restriction or condition thereon;

Nevertheless, on October 2013, the Defendant violated the restriction conditions by installing a political net on the waters circulated by the line linked to the line in order of 129-17-4.6, 3 (N: 129-17-36.54, 37-18-58.26), 2 (N: 129-17-38.4, 3 (N: 129-17-46.1, 37-18-52.3), 4 (N: 129-17-4.6, 37-18-52.3), and 4 (N: 129-17-4.6, 37-18-50.3).

2. No fishery right holder shall violate any order or disposition under the Fisheries Act, or any restriction or condition thereon;

Nevertheless, on February 7, 2013, the Defendant: (a) was required to install fishing gear within the licensing area under the conditions set forth in Article 01-1 of the License for Fixed Net Fishing (owner C, Defendant’s person); (b) but at the time of three-party fishing, the Defendant violated the conditions set up one of the 40-meter mix 1 (east : 129-18-02.4; 37-18-51.7); (c) 2 (east : 129-18-6.20; 37-18-6.20; 37-18-54.0; 3 (east : 129-18-16.70; 37-16.70; 37-43.0); and (d) 4 (east : 129-18-14.2; 37-18-4.7).

Summary of Evidence

1. Defendant's legal statement;

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes to the current status of fishing grounds;

1. Article 99 subparagraph 2 of the Fisheries Act and Article 34 (1) 8 of the same Act concerning facts constituting an offense, the selection of punishment, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.