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(영문) 광주지방법원 순천지원 2018.09.28 2018고단898

수산업법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual owner and the actual captain of the view fishing boat B (4.99 tons) in the complex of the cost of loading of female water.

A person who intends to engage in fisheries within a demarcated area using a powered fishing vessel with a gross tonnage of less than five tons shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility.

Nevertheless, on February 24, 2018, from around 10:00 to around 13:30 of the same day, the Defendant captured approximately 30 km of 10,000 g of the market price by using a method of projecting and cultivating one net of a view of a sloping view without obtaining permission from the number of South-west-guns, the competent authorities, on the 8-day south-west-west waters located in the area of residents in the Gyeongnam-west-west-gun of the Republic of Korea from around 10:0 to 13:30 of the same day.

Accordingly, the defendant managed fisheries without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. The investigation report (as to the verification of suspicion through the anti-spe port data of the vessel BV-PAS)

1. Location and area map of the water surface;

1. An inquiry output of the ship;

1. BV-PAS port data;

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 97 (1) 2 of the Fisheries Act and the main sentence of Article 41 (3) 1 of the same Act and the selection of fines for criminal facts;

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

1. The punishment shall be determined as ordered in consideration of the favorable circumstances, such as the fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act reflects the wrongness of the defendant, the unfavorable circumstances, such as the defendant's age, family environment, motive and circumstances of the crime, the scale of illegal fisheries, and the circumstances after the crime, etc.