beta
(영문) 인천지방법원 2014.04.09 2013고단7091

수산자원관리법위반등

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 a fishing vessel permitted by the head of the Dong-gu in Incheon City with the loading of the Dong-gu in the Dong-gu and the head of the Gu with the permission to improve the coast, and is the captain and the actual owner of the C(7.93 tons) (7.93 tons) in the north-dong in Incheon Jung-gu.

For the propagation and protection of fishery resources, the standard of 25 millimeters for the prohibition of use of coastal-water fishing is limited to 25 millimeters.

Nevertheless, at around 09:10 on May 24, 2013, the Defendant captured approximately 5 kilograms of the 17.5 millimeters by using the coastal improvement shore net fishing gear, the size of which is 17.5 millimeters, from the 4 nautical miles (N 37.25 9 east 126.34 east 126.34 east east east east east east east east-do located in Jung-gu, Incheon.

(b) A person who intends to serve as the captain on a fishing vessel of not less than five gross tons but less than 25 gross tons shall have a license for the operator of a small ship;

Nevertheless, the Defendant served as the captain of C of a fishing vessel with a gross tonnage of 7.93 tons from March 1, 2012 to May 30, 2013 without a license for the operator of a small-type vessel from March 1, 2012, even though the term of validity of the license for the operator of a small-type vessel expires on February 1, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of detection;

1. Copy of loading certificate, copy of fishing permit, copy of marine officer's license, and current status of ship entry;

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Article 65 Subparag. 4, Article 23(1) of the former Fishery Resources Management Act (amended by Act No. 11566, Dec. 28, 2012); Article 27 Subparag. 2, and Article 4 of the Ship Personnel Act (amended by Act No. 11566, Dec. 28, 201);

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

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;