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(영문) 창원지방법원 통영지원 2015.04.30 2014고단691
수산업법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 691] The Defendant is the captain of a coast-wise intermodal fishing vessel C (4.86 tons) with a string fishing vessel.

Any person who intends to engage in sectional fisheries, such as a sloping net, etc. using non-powered fishing vessels or powered fishing vessels with a total of less than five tons within a specified waters shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility.

On December 15, 2013, the Defendant: (a) left the port located in the southwest-dong of Busan Metropolitan City on December 15, 2013; (b) from around 09:20 of the same day to around 11:00 of the same day, the Defendant captured approximately KRW 300 ggg in the exclusive economic zone (EZ) adjacent to the Korea-Japan Exclusive Economic Zone (EZ) in which the said permitted new network operation zone was outside of the said permitted new network operation zone without obtaining permission from the competent authorities in the area adjacent to the Korea-Japan Exclusive Economic Zone (EZ) where the Defendant was permitted to operate the new network operation zone by throwing away the new network fishing gear from the market price of approximately KRW 1.2 million.

In addition, from around that time to February 27, 2014, the Defendant captured approximately 7,638.6kg of the market price by deviating from the permitted operation area without obtaining permission from the competent authorities over a total of 30 times, such as the list of crimes in the attached Table.

[2014 Highest 908] The Defendant is the captain of a coastal intermodal fishing vessel C (4.86 tons) in the event of a macro-fishing vessel.

Any person who intends to engage in sectional fisheries, such as a divers, using a non-powered fishing vessel or a powered fishing vessel with a total of less than five tons, with a permit from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility.

On March 15, 2014, the Defendant, at around 07:35, 201, throwed away a sloping net fishing gear at the sea of the 0.9mamb, Gyeongnam-do, Gyeongnam-do, a water zone without a permit for the fishery on the said fishing vessel, etc.

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