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(영문) 전주지방법원 정읍지원 2013.11.26 2013고정112

수산업법위반등

Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the shipowner and master of "C" (9.77 tons of power-driven vessels) which is a fishing vessel licensed to fish inshore nets from the Jeonbuk Military Market.

1. On October 13, 2012, in accordance with the Fishery Resources Management Act, a fishing gear used for inshore net fishery business in violation of the Fishery Resources Management Act: (a) was carried a type of net fishing gear in a fixed frame, with which a scambrug was installed, and which was not installed directly, shall not be loaded on a fishing vessel; (b) around October 11:15, 2012, around the sea of the Do office, Do office, Do office, and the Do office, Do office, located in the northwest-gun, Do office, and on October 16, 2012; and (c) around the sea near the Do office, Do office, etc., the Do office, located in the northwest-gun, the Do office, located in the area where the scambrug was prohibited from being used directly on a fixed frame; and (d) captured a type of net fishing gear with part of the fishery products captured and kept in the Defendant’s fishing vessel.

2. A person who has been ordered by a public official engaging in fisheries operations in violation of the Fisheries Act to stop the fishing vessel immediately, but the defendant did not comply with the order even though he was ordered to stop the fishing vessel at around October 16, 2012 by a public official engaging in fisheries supervising the fishing at the sea near the mountainside area located in the frontwest-gun of the North Korean Peninsula on October 16, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 64 Subparag. 1, Article 17 of the former Fishery Resources Management Act (amended by Act No. 11566, Dec. 18, 2012; hereinafter the same shall apply), Article 65 Subparag. 4, Article 23(1) of the former Fishery Resources Management Act (amended by Act No. 11566, Dec. 18, 201; hereinafter the same shall apply), Article 9 Subparag. 5, and Article 72(1) of the Fisheries Act (amended by Act No. 11566, Dec. 18, 201);

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

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

1. The order of provisional payment;