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(영문) 창원지방법원 통영지원 2018.04.13 2018고정4
수산업법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is the captain and captain of coastal nets C (4.99 tons, diesel 513 Emb, FRP, fishing vessel number D).

Any person who intends to run any fishery business which uses a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than 10 tons, other than the inshore fishery business and the fishery business under paragraph (3) (hereinafter referred to as "coastal fishery business"), shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.

On September 4, 2017, at around 06:40, the Defendant captured three boxes using three coastal composite fishing gear (fishing gear) fishing gear, without obtaining a combined coastal fishery permit from the fishing vessel (C) at the sea (34-4.8N, 128-25.8E, 98-6) on the 1.6math day (34-4.8N, 128-25.8E, and 98-6 Sea) northwest of the breakwaterdo, Han-do, Han-do.

As a result, the Defendant captured illegal catches by fishing without permission without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of enforcement manual, location map, and on-site photographs statutes;

1. Article 97 (1) 2 and Article 41 (2) of the Fisheries Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Article 100 (1) of the Fisheries Act;

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

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