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(영문) 전주지방법원 정읍지원 2019.07.23 2019고정83

수산업법위반등

Text

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

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

Reasons

Punishment of the crime

On January 18, 2019, the Defendant is a person who is engaged in fishery as the owner and captain of a fishing vessel D under the name of B (5.54 tons, fishing vessel number C): the name of B (5.54 tons, fishing vessel number: C) and the former head of Gun.

No one who violates the Fisheries Act shall capture, gather or cultivate marine animals and plants by any fishing method other than those under the Fisheries Act or the Fishery Resources Management Act.

Nevertheless, from October 208, 2019 to 12:30 on the same day, the Defendant carried on fisheries capturing approximately KRW 2,000 g of the market price by administering, towing, and net net molding the title D of the above fishing vessel and one pump-net fishing gear that cannot obtain a fishery permit in the inshore of the former E-Gun or Go Chang-gun, Go Chang-gun, from around 12:30 on the same day.

(b) The owner of a fishing vessel violating the Fishing Vessels Act shall not use the fishing vessel not registered with the head of the Si/Gun/Gu having jurisdiction over the port where the vessel enters or departs from port or harbor;

Nevertheless, the defendant used it as a fishing vessel, such as the "A", to leave the port of Korea as a named D captain, from the port of Korea to the port of Korea, and the above "A," and used it as a fishing vessel to the head of the Jeonbuk-gun, North Korea, without registering the fishing vessel.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the results of verification of civil petition reports;

1. Reports on internal investigation (verification, etc. of fishing vessel numbers and fishing vessel names);

1. Application of Acts and subordinate statutes to an investigation report (with respect to non-administrative disposition)

1. Relevant Article 97 (1) 4, and Article 66 of the Fisheries Act, subparagraph 2 of Article 43, and Article 13 (2) of the Fishing Vessels Act, the selection of fines for the crime, and the selection of penalties;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant has no record of the same crime except for a fine of two million won due to the violation of the Fisheries Act in 1998, and that the Defendant has the fishing gear suitable for the characteristics of tidelands on the west.