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(영문) 광주지방법원 목포지원 2016.07.01 2016고정228

수산업법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in fisheries as the owner of a unregistered bus-line.

1. Any person who intends to run a coastal fishery business among those using non-powered fishing vessels shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor;

Nevertheless, the Defendant, without obtaining permission from the competent authority on August 17, 2015, operated the operation by means of throwing and lifting one mold of the improvement network net operation from around 20:00 to around 00:20 of the following day, and from around 15:00 to September 14, 2015 to around 15:30 of the day, from around 15:00 to around 15:30, on the bus line installed in the sea near the water system.

2. No one who violates the Fisheries Resources Management Act shall load fishing gear other than the fishing gear licensed, permitted, approved or reported under the Fisheries Act, and fishing gear the use of which is prohibited under the Fishery Resources Management Act;

Nevertheless, the Defendant, without obtaining a license, permission, or approval from, or filing a report with, the competent authority on the improved safe net fishing gear, carried one mold of the improved safe net fishing gear with the competent authority on around 07:00 on September 24, 2015 and on the bridge installed on the sea near the water supply for the purpose of fishing at around 22:20 on September 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on verification of reports on evidence and illegal fishing operations, and the application of statutes applicable to reporting on detection of violation of the Act on Fisheries;

1. Article 97 (1) 2 of the Fisheries Act and Article 41 (2) of the same Act (the occupation of fishing without permission and the selection of fines), Article 65 subparagraph 6 of the Fishery Resources Management Act, and Article 24 (the occupation of loading specific fishing gear) of the same Act concerning the facts constituting an offense;

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

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;