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(영문) 전주지방법원 정읍지원 2018.11.27 2018고정76

수산자원관리법위반

Text

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

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

Reasons

Punishment of the crime

Defendant is the captain of the inshore-type net C (FRP, fishing vessel number: D, the offshore-type net E, the coastal net F, and the coastal view F).

No person shall manufacture, sell or load fishing implements, other than the fishing implements licensed, permitted, approved or reported under Articles 8, 41, 42, 45 and 47 of the Act, and Article 24 of the Fishery Resources Management Act, and fishing implements, the use of which is prohibited under this Act, or fishing implements, and remodel vessels or install facilities for the purpose of using such fishing implements.

Nevertheless, on March 18, 2018, the Defendant loaded and sailed a modified network fishing gear with at least two mal miless (or five metres) on the bottom of the hacks and end of the hacks, which is composed of chain, at approximately two 5.7 nautical miles (2.6 minutes in north latitude, 126.8 minutes in east longitude, 126.8 minutes in east longitude, and 174-8 minutes in the sea, south of the breakwater map year in the North Gun, Sinsan-si, North Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the criminal place;

1. A certificate;

1. An explanatory note;

1. Location map of arrest;

1. Evidence photographs;

1. Copies of electronic permits for fishery business;

1. A copy of a statement of fishery permission;

1. Application of statutes on copies of shipment certificates;

1. Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 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. The use of modified fishing gear, such as the instant crime, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, is not an act that undermines the protection, recovery and formation of fishery resources, and that is not an exceptional crime.

Although the defendant has been punished several times due to the violation of the Act on the Protection of Marine Resources, the violation of the Fisheries Act, the violation of the Fishery Resources Management Act and the violation of the Fishery Resources Management Act, it is possible to ascertain and comply with the statutes related to fisheries, such as the regulations on the fishery and fishing gear operated by the defendant. However, it is possible to ascertain that the defendant has to comply with such regulations.