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(영문) 광주지방법원 해남지원 2017.08.31 2017고정66

수산자원관리법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is also the captain of B (1.17 tons, Sodin 90 Efin, FRP, fishing vessel number: C and Maritime Farming Zone Management D) that is the management vessel of the ship breeding yard in South and North Korea.

No one shall manufacture, sell or load fishing implements, other than the fishing implements licensed, permitted, approved or reported under Articles 8, 41, 42, and 45 of the Act, and fishing implements, the use of which is prohibited under the Management of Fishery Resources Act, and shall remodel vessels or install facilities for the purpose of using such fishing implements.

Nevertheless, on October 28, 2016, around 12:05, the Defendant loaded 129 coastal transit gear, which was not permitted for the purpose of fishing at sea at approximately 0.4 nautical miles (North Korea’s 34°19.7 minutes, east 126°28.9 minutes, 212-6 Seas) in the south-west Coast Guard, south-west, west-west, south-west, west-west, west-west, east 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Protocols of seizure and details of seizure, and list of seizure;

1. The location map and the application of Acts and subordinate statutes governing evidence photographs;

1. Article 65 of the relevant Act concerning facts constituting an offense and Articles 65 subparagraph 6 and 24 of the Fishery Resources Selection and Management Act;

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;