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(영문) 전주지방법원 정읍지원 2019.07.09 2019고정37

수산업법위반

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

The defendant is the owner or captain of a fishing vessel B (6.67 tons) and is a person who has obtained a permit for coastal fishing, etc. with respect to the fishing vessel.

No one shall violate restrictions on the scale, shape, quantity and method of using fishing gear, zones and period in which the use of fishing gear is prohibited, size of net nose, etc. for each type of fishery permitted.

Nevertheless, from around 19:50 on July 4, 2018 to 23:00 on the same day, the Defendant violated the restriction on the shape of fishing gear, etc. for coastal fishing, etc. by catching approximately 30 km below the market price by using fishing gear, etc. for coastal fishing, which he directly manufactured, in violation of the shape of fishing gear for coastal fishing, at the sea (N 35°28.20, N 126°26.35, N 126.35).

Summary of Evidence

1. Defendant's legal statement;

1. Requests for confirmation and reply as to whether permission for fishing gear is granted;

1. Reviewing opinions on requests for verification of coastal fishing nets and gear;

1. Loading certificate and fishery permission statement, and marine officer’s license;

1. Application of B (coastal) photographic Acts and subordinate statutes;

1. Article 99-2 subparagraph 4 of the Fisheries Act and Article 64-2 (1) of the relevant Act on criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the fact that operations were conducted to test fishing gear in the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the provisional payment order was rendered. It is so decided as per Disposition for the above reasons.