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(영문) 부산지방법원 2013.09.11 2013고정3670

수산자원관리법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall manufacture, sell or load fishing implements, other than fishing implements licensed, permitted, approved or reported under the Fisheries Act, and fishing implements, the use of which is prohibited under the Fishery Resources Management Act.

At around 19:40 on February 21, 2013, the Defendant, as a captain of a powered fishing vessel (a diesel 100-mam) with a 2.0 tons-powered fishing vessel, was operating on the said vessel with one mold (2m) of a type of fishing gear, which is a fishing gear that did not obtain permission from the competent authority, while carrying on fishing without permission on the sea at around 0.9mam on the port of the sloping-gu, Busan, the Bridge-gu, Busan, on the sea.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs showing the violation site;

1. Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 of the same Act concerning criminal facts;

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;