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(영문) 창원지방법원 진주지원 2016.05.25 2016고정113

수산업법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the owner and captain of a composite fishing vessel B (1.75 tons) in the city of Gyeongcheon-do.

The Minister of Oceans and Fisheries may restrict the scale, form, quantity, and method of use of fishery districts by type of fishery business permitted for the continuous use of fishery resources and coordination of fisheries, and a person who has obtained a fishery permit shall not violate restrictions on the size, etc. of fishing gear.

Nevertheless, the Defendant:

A. From March 14, 2013, from around 14, 2013, the Sincheon-si, the Sincheon-si, approximately 70mn-si, at the end of the Sincheon-si, set up one set of two net fishing gear, not a politically demarcated fishing gear permitted at the sea of about 70m, and then captured 10kg of sublime fishing.

The Defendant, including this, went into operation 78 times from the early April 2013 to November 1, 2015, and captured approximately 780 km (market price 2,340,000) for noble fishing.

B. From July 23, 2014, around 500, Seocheon-si, Seocheon-si, Seocheon-si, the Republic of Korea: (a) laid up one set of two net fishing gear, instead of the net fishing gear permitted at the sea of about 500 meters south-do; and (b) captured about 10 km of sublime by using a method of cutting down the nets, instead of the net fishing gear permitted at the sea of 500 meters.

The Defendant, including this, went into operation over 30 occasions from the early November 2014 to November 1, 2015, and captured approximately 300 km of noble fishing (market price of KRW 900,000).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C prepared by a judicial police officer;

1. A report on internal investigation (a report on a dried net, the scale, form, capacity, and method of using each two net fishing gear);

1. Application of statutes on a copy of fishing license;

1. Subparagraph 2 of Article 99-2 and Article 64-2 (1) of the Fisheries Act concerning facts constituting an offense;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the Criminal Act of the Republic of Korea (Article 59(1) provides that the competent authority shall use the fishing gear of this case for a long time.