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(영문) 전주지방법원 군산지원 2013.03.20 2013고정133

수산업법위반

Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is the captain of B (Sacheon-gun's shipment, 7.93 tons, 7.93 tons, and Donnam Coastal Vessel).

Any person who intends to conduct inshore fisheries or coastal fisheries, which uses a non-powered fishing vessel, a powered fishing vessel with a gross tonnage of less than eight tons, or a powered fishing vessel with a gross tonnage of more than eight tons but less than ten tons prescribed by Presidential Decree for safe operation of fishing vessels and coordination of fisheries, shall obtain permission for each fishing vessel or fishing gear from the competent Mayor/Do Governor.

Nevertheless, at around 10:00 on November 7, 2012, the Defendant left the port with five seafarers (six total seafarers) at the port in Seocheon-gun, Seocheon-gun, Chungcheongnam-do on November 7, 2012, and entered the port with five seafarers.

8. At around 21:40, at the boundary of Chungcheongnam-do and Jeonbuk-do, the coastal net fishing gear that did not obtain a fishery permit from the Gunsan market is prone to the sea of the Gunsan area, depending on deficured lurgs; and

At 22:00 on the same day, approximately 3.5 m. (35-52 m., east 127,500 m., m., 126-30-44 m.) was captured on the south-west-west m. (3.5 m., 15 m., 15 m., 1.5 m., 127,500 m.).

Summary of Evidence

Application of the defendant's statutory statement, violation protocol, documentary evidence statute

1. Article 97 (1) 2 and Article 41 (2) of the Fisheries Act concerning facts constituting an offense;

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;