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(영문) 광주지방법원 순천지원 2014.07.16 2014고단651

수산업법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is the captain of a coastal fishing vessel B (7.93 tons) with full completion of the shipment.

1. Any person who intends to operate a coastal fishery business with a powered fishing vessel with a gross tonnage of less than eight tons shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility;

At around 19:00 on September 19, 2013, the Defendant captured approximately 100 km of the market value at KRW 100,000,00,000 on the sea (Fix 35-32-95 N, 126-24-42E) of the west-do Northwest-do, which was located in the Jin Chang-gun, Go Chang-gun, North Korea-do. (Fix 35-32-95 N, 126-24-42E).

2. Violation of restrictions on fishing gear;

가. 피고인은 2013. 9. 9. 19:00경 전북 고창군 심원면 만돌리에 있는 미여도 북서방 약 1.7마일 해상(Fix 35-32-95N, 126-24-42E)에서 몸그물, 섶고물, 고기받이로 구성된 연망선망어구의 상부에 뜸을 달아 위 제1항의 조업에 사용하여 시가 10만 원 상당의 생멸치 약 100kg을 포획하였다.

B. Around 20:00 on October 19, 2013, the Defendant captured approximately KRW 500,000 of the market price using modified fishing gear as described in the foregoing paragraph (Fix 34-46-01N, 127-49-23E) at the sea (Fix 34-46-01N, 127-49-23E) on the 1st day (Fix 34-46-01N, 127-49-23E) of the P

Summary of Evidence

1. Defendant's legal statement;

1. Evidentiary photographs;

1. A copy of a fishery permit;

1. A copy of a shipment certificate;

1. B Detection point and anti-port damage 1;

1. B Detection point and anti-port damage 2;

1. Fishing gear, matching, and fishing marbrance of a coastal vessel;

1. B operational frequency chart;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Fisheries Act concerning facts constituting an offense, Articles 97 (1) 2 and 41 (2) of the Fisheries Act (unauthorized fishing operations), subparagraph 2 of Article 99-2 and Article 64-2 (1) of the Fisheries Act (the point of violation of each restriction on fishing gear), the selection of fines;

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. It is so ordered as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.