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(영문) 광주지방법원 순천지원 2019.06.13 2019고단385

수산자원관리법위반등

Text

1. Defendant A shall be punished by imprisonment for eight months and by a fine of three thousand won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Defendant A, as the owner and captain of an accessory ship C (9.77 tons) to the nivers of the niversary vessel of the niversary vessel, was engaged in fishery as the lessee of the niversary vessel D (9.77 tons). Defendant B is engaged in fishery as the captain of the niversary vessel of the niversary vessel of the niversary vessel of the niversary vessel of the niversary vessel

1. Defendant A

(a) No person who violates the Fishery Resources Management Act shall manufacture, sell or load fishing implements, other than those licensed, permitted, approved or reported under the Fisheries Act, and fishing implements, the use of which is prohibited under this Act;

Nevertheless, at around 14:10 on July 3, 2018, the Defendant loaded on C one mold of fishing gear converted to a coastal line auxiliary to the coast (N 34.42.9 minutes North latitude, 127.37.6 minutes East longitude, 5104-4 east longitude) of the west-si, Masan-si, Masan-si (N 35.47.9 minutes North latitude, 125.8 east longitude, 183-6 east longitude) at approximately 18.9 nautical miles (N 35.47.9 minutes North latitude, east longitude, 125.8 east longitude, 183-6 east) of the east-do, Masan-si, Masan-si, Masan-si, Masan-si, 1018.

2. Defendants’ co-principal conduct

(a) A person who intends to run a fishery business falling under the coastal fishery business using a powered fishing vessel of less than 10 gross tonnage in violation of the Fisheries Act shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do governor;

Nevertheless, at around 14:30 on September 4, 2018, the Defendants discovered fish-guns installed in D without obtaining a coastal network permission from the military market at the 3.3 nautical miles from the north coast of the Gun-si Masan-si, Gun-si, Gun-si, Gun-si, and run an unauthorized shore net fishing by operating one mold of Do-based fishing gear loaded in C at the 14:50 on the same day.

(b) A maritime police officer in violation of the Coast Guard Act may conduct maritime inspections and search for vessels, etc. which violate or are suspected to violate the domestic Acts and subordinate statutes in the course of conducting maritime security activities, if there is a reasonable ground to judge the surrounding circumstances, and such maritime inspections and search shall be conducted for justifiable grounds.