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(영문) 창원지방법원 통영지원 2014.07.28 2014고정77

수산업법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is an owner of an engine-powered water leisure craft B (0.91 tons, an outboard engine 140 E) and a co-seed. A.

Any person who intends to run a fishery business using a non-powered fishing vessel, a powered fishing vessel with a gross tonnage of less than eight tons, etc. shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor, respectively.

Nevertheless, at around 08:10 on August 20, 2013, the Defendant, at the sea of approximately 200 meters from the breakwater at the 200-meter radius from the breakwater in the Rool-dong, 08:10 on August 20, 201:

8. 22. Around 17:40, at around 17:40, the repairer captured 10 macys by means of spreading fishing implements using the repairer (2.9 tons, coastal complexes).

B. No person who violates the Public Order in Open Ports Act shall engage in fishing at a place which is likely to obstruct ship traffic within the boundaries of an open port. Nevertheless, the Defendant, within the boundaries of an open port, did so at the same time, at the same time, and at the same place as the above “A”, which is the boundaries of an open port.

(c) Any person who violates the Water-Related Leisure Activities Safety Act shall obtain a license from the Commissioner General of the Korea Coast Guard for operating a power-driven leisure craft with at least five miles capacity;

Nevertheless, at around 08:00 on August 20, 2013, the Defendant: (a) opened a port in the above-house, and operated the above B without a power-driven water-related leisure business license until the entry into a port in the port in the open port; (b) opened 2,00 meters of the breakwater at the sea, which is the boundaries of an open port; and (c) opened 2,00 meters of the breakwater at the port in the port of the port of the port of the port of the port of the port of the port of the port of the port,

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of written statements, DNA documentary evidence photographs, water-related leisure license management books, and each investigation reporting statute;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 97(1)2, 41(2) (unauthorized fishing) of the Fisheries Act, Article 46 Subparag. 2, and Article 37 (Violation of Fishing Restrictions) of the Public Order in Open Ports Act, Article 57 Subparag. 1, and Article 20 of the Water-Related Leisure Activities Safety Act, respectively;