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(영문) 창원지방법원 진주지원 2014.08.26 2014고단322 (1)

수산업법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a captain of a large-scale fishing boat C(60 tons) with large-scale towing vessels outside of Sacheon Ship.

Any person who intends to run any fishery business using a powered fishing vessel with a gross tonnage of at least eight tons, or a powered fishing vessel with a gross tonnage of less than eight tons prescribed by Presidential Decree as particularly necessary to protect fishery resources and coordinate fisheries, shall obtain permission for each fishing vessel or fishing gear from the Minister of Oceans and Fisheries.

Nevertheless, the Defendant, at around 19:00 on December 19, 2012, loaded one (2) development board at the Samcheon Port located in Sacheon-si, and loaded one (2) development board at the port near the sea of December 26, 2012, and illegally captured the marine animals and plants of 9,940km (5,674,00 won at the market price) with a fishing gear attached to the development board that cannot be used by the fishing vessel on the sea near the port of December 26, 2012, including the illegally captured the marine animals and plants of 9,940km (5,674,00 won at the rate of 55,67,00 won), as shown in the list of crimes in the attached list of crimes. < Amended by Act No. 11388, Jan. 2, 2013; Act No. 10,186km (59,18,000 won at the rate of January 2, 2013>

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Statement to E by the police;

1. E and C period of embarkation (comprehensive information system for the management of entry into and departure from ports);

1. Application of Acts and subordinate statutes governing respective certificates of consignment sale;

1. Relevant Article 97 (1) 2 and Article 41 (1) of the Fisheries Act, the selection of fines for criminal facts, and the selection of punishment;

1. Articles 70 (1) 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;