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(영문) 창원지방법원 통영지원 2017.10.23 2017고정223

수산업법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who is a fishing leader of H (35 tons, steel lines, diesel 782 Emb, fishing vessel number I, and Gyeongnam-gu Masan Port fisheryJ) in Changwon-si, Gyeongnam-si, a fishing assistant (a fish-line detection vessel) from among the baselines of the baselines of the fishing vessel G (state) affiliated with a fisheries company.

Any person who intends to capture a vessel with two power-driven fishing vessels using a net (excluding a sagnet), shall obtain permission from the Minister of Maritime Affairs and Fisheries for each fishing vessel or fishing gear, and shall not capture or gather a sagin, other than a sagin, in cases of a fishing vessel with a power-driven fishing vessel.

Nevertheless, at around 07:50 on July 9, 2016, the Defendant captured approximately 0.2 nautical miles (North Korea’s 34°47.2 minutes, east 128°42.3 minutes, and 99-5 Seas) from the west, 720 Potable fish, other than those prohibited from capturing, in the fishing of the flagline current net right.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of an offense, a statement of control, arrest, location map, a copy of a fishery permit, a copy of a certificate of vessel's nationality, and a certificate of disposal of mixed catch;

1. Application of field photographs and statutes on destruction photographs;

1. Relevant Article 97 (1) 2 of the Fisheries Act and Article 41 (1) of the same Act concerning facts constituting an offense;

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

1. Claims by the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act against the provisional payment order;

1. A summary of the argument: (a) the Defendant was engaged in mixed fishing in violation of Article 41(4) of the Fisheries Act and did not violate Article 41(1) thereof; (b) the Defendant cannot be punished pursuant to Article 97(1)2 of the same Act; and (c) the Defendant does not constitute a person who runs fisheries without obtaining a permit since he/she was a person who has obtained a permit for fishing for fishing for the fishing for the fishing for the fishing for the fishing for the fishing for the fishing for the fishing for the fishing for the fishing for the fishing for the fishing for the fishing

2. 관련 규정 ▣ 수산업 법 제 41 조( 허가 어업) ① 총톤수 10톤 이상의 동력 어선( 동력 어선) 또는 수산자원을 보호하고...