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(영문) 창원지방법원 진주지원 2016.05.25 2016고정112

수산업법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the owner and captain of a composite fishing vessel B (2.27 tons) in the city of Gyeongcheon-do.

The Minister of Oceans and Fisheries may restrict the scale, form, capacity, and method of use of fishing districts by type of fishery business permitted for the continuous use of fishery resources and coordination of fisheries, and a person who has obtained a fishery permit shall not violate restrictions on the size, etc. of fishing gear.

Nevertheless, the Defendant:

A. From Jun. 1, 2012, from Jun. 1, 2012, Sacheon-si, Sacheon-si, Sato-si fishing village fraternity located in the southwest-do fishing village village fraternity, one set of two net fishing gear, not a politically demarcated fishing net fishing gear permitted at the sea of 100 meters away from the southwest-do fishing village fraternity, and then, one set of two net fishing gear, not a net fishing gear permitted at the sea of 100 meters, and captures about 30 km, such as sublim fishing.

The Defendant, including this, worked 48 times from the early 2012 patrolmen to November 1, 2015, and captured approximately 1,440 g of sublime fishing, etc. (market price of KRW 4,800,00).

B. From June 1, 2012, in Seocheon-si, Gyeongcheon-si, Sacheon-si, Sacheon-si, a fishing village fishing village fraternity located in the lower 300mn-do branch line of the fishing village village fraternity, used two-dimensional net fishing gear, not a fishing net fishing gear permitted at sea 300m of the fishing village village village fraternity, to build a 2-dimensional net fishing gear, and captured approximately 30 km, such as sublim fishing, by laying one net fishing gear.

The Defendant, including this, worked 48 times from the early 2012 patrolmen to November 1, 2015, and captured approximately 1,440 g of sublime fishing, etc. (market price of KRW 4,800,00).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to C;

1. A report on internal investigation (a report on a dried net, the scale, form, capacity, and method of using each two net fishing gear);

1. Application of statutes to a copy of a statement of fishery permission;

1. Subparagraph 2 of Article 99-2 and Article 64-2 (1) of the Fisheries Act concerning facts constituting an offense;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the defendant has long been engaged in a single-speak-si fishery in the same Sacheon-si as the defendant).