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(영문) 전주지방법원 정읍지원 2014.04.01 2014고정64
수산업법위반
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the captain of “C” (Power-driven vessel, 7.93 tons), a fishing vessel granted a fishery permit for a coastal sea network from the Chungcheongnam-Naman City, without obtaining a fishery permit for a coastal sea network from the head of the Yan-Gun (in accordance with Article 93(1) of the Fisheries Act and Article 84(2) of the Enforcement Decree of the same Act, delegated the authority to permit fishery). On July 18, 2013, the Defendant carried out fishing using the above fishing vessel and the fishing gear on the 2 miles-west coast guard, the area under the jurisdiction of the Governor of Jeollabuk-do branch, 2:10 on July 18, 2013. At the same time and at the same place, the Defendant, who was found the operation of the said fishing vessel, did not comply with an order to stop, and did not comply with the order to stop.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs;

1. The application of Acts and subordinate statutes to location map of fishing places;

1. Articles 97 (1) 2, 41 (2), 99 subparagraph 5, and 72 (1) of the Fisheries Act concerning criminal facts; selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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