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(영문) 전주지방법원 정읍지원 2013.11.05 2013고정149

수산자원관리법위반

Text

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

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

Reasons

Punishment of the crime

Defendant

A is a captain of an unclaimed, shore Improvement, Dogwon Fishing Vessel B (7.93 tons, diesel 350ma, FRP, fishing vessel number:C, No. 2009-5 of the fishery permit for coastal Improvement, Coastal Improvement, and Dogdognet, No. 2009-11 of the Coastal Sea Network).

Any person who intends to run a coastal sea-net fishing for improvement shall observe the regulations on restrictions on the dyke net for improvement of the coasts prescribed by the Minister for Food, Agriculture, Forestry and Fisheries (Prohibition of Use not exceeding 25m) and shall not load such fishing gear for the purpose of fishing.

Nevertheless, at around 22:40 on August 4, 2012, the Defendant loaded approximately 6.2 nautical miles (No. 35°27.9 minutes North latitude and 126°17.2 minutes East longitude) along the southwest-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-do, with approximately 10 meters of the detailed network of the water surface below the water surface size prohibited from using in the coastal improvement shore fishing for the purpose of fishing at sea.

Summary of Evidence

1. Defendant's legal statement;

1. Control note and location map of arrest;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 of the same Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;