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(영문) 광주지방법원 목포지원 2017.02.02 2016고정520

수산자원관리법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is the owner of a unregistered fishing vessel (a vessel without name, a vessel of approximately seven tons, a vessel of approximately seven tons), and a person engaged in fishery as a captain.

No one shall load fishing implements other than those licensed, permitted, approved or reported under the Acts of fisheries, and fishing implements prohibited from being used under the Fishery Resources Management Act.

Nevertheless, on February 28, 2016, the Defendant, without obtaining a license, permission, or approval from, or filing a report with, the competent authority on the net snick fishing gear, loaded one snick fishing gear on the sea (GPS FIX 35-01.50N, 126-05.20E) at the 1.5 nautical miles (GPS FIX 35-01.50N, 126-05.20E) of the Republic of Korea, for the purpose of capturing the snick fishing gear on the aforesaid non-registered fishing vessel.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. The application of Acts and subordinate statutes governing evidence photographs, arrest reports on the occurrence of a case, request for cooperation with investigation data, and application of investigative data replies;

1. Relevant criminal facts, Article 65 subparagraph 6 and Article 24 of the Fishery Resources Selection and Management Act, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;