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(영문) 울산지방법원 2017.11.17 2017고정945

낚시관리및육성법위반

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

Defendant

A is the owner or captain of a fishing boat B(3 tons) in the Nam-gu, Ulsan-gu and a person who engages in fishing vessel as a captain.

An fishing business operator shall not operate a fishing vessel in a restricted business area (the entry, departure, etc. of ships and other relevant Acts and subordinate statutes) publicly notified by the head of Ulsan-gu, the relevant administrative agency, in order to ensure the safety of fishing vessels, prevent accidents, and maintain order in the fishing industry.

Nevertheless, the Defendant, at around 14:00 on April 2, 2017, operated a fishing vessel in the business-restricted area by allowing passengers to fish on board the ship at a place (restricted area under the Act on the Arrival, Departure, etc. of Ships) from 14:10 to 15:40 on the same day, where the traffic of the ship is likely to be obstructed (the restricted area under the Act on the Arrival, Departure, etc. of Ships) from 14:10 on April 2, 201 to 14:40 on the same day.

2) On May 10, 2017, around 06:15, on board four fishing passengers, such as D (51 taxes) from the outer port of Ulsan-gu, Ulsan-gu, U.S., a place where the traffic of the vessel might be obstructed from 10:40 on the same day to 11:00 on the port, Ulsan-gu, U.S., Ulsan-gu, U.S., U.S., U.S. operating a fishing vessel in the business restriction zone above the three wharfs of Ulsan-gu, U.S., Ulsan-gu, U.S., U.S. (3 wharfs).

Summary of Evidence

1. Statement by the defendant in court;

1. All on-site photographs;

1. The details of each entry port, each V-PAS port data legislation shall apply.

1. Article 53 (2) 8 and Article 35 (1) 2 (Selection of Penalty) of the Act on the Management and Promotion of Relevant Fishing and Selection of Punishment for Criminal Facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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