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(영문) 전주지방법원 군산지원 2014.06.26 2014고정250

수산자원관리법위반등

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

Defendant

A is the owner and captain of approximately 7.93 tons of a fishing vessel without registration and without a fishery permit, and the owner and captain of F.R.P. B.

1. No person who violates the Fishery Resources Management Act shall load fishing gear, other than the fishing gear licensed, permitted, approved or reported under the Fisheries Act;

Nevertheless, around 19:00 on December 24, 2013, one mold of coastal net fishing gear which was not permitted in the above Bboard was loaded in the area of the YYYYYYYYYYYYYYYYYYYYY.

2. Where five or more tons of ships in violation of the Public Order in Open Ports Act intend to depart from the boundaries of an open port, they shall make a report thereon to the authorities concerned; and

Nevertheless, on December 24, 2013, at around 19:00, two seafarers are on board in the area of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to civil petition reports on arrest of ships (illegal fishing gear) related to civil petition reports, documentary evidence and photographs, such as violation of B illegal fishing gear, reply to requests for cooperation in business, entry and departure of ships, navigation inquiry system seafarers' licenses inquiry system

1. Article 65 subparagraph 6 of Article 65 and Article 24 of the Fishery Resources Management Act, Article 46 subparagraph 1 of the Public Order in Open Ports Act and the main sentence of Article 5 of the Public Order in Open Ports Act, in relation to a crime;

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;