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(영문) 전주지방법원 군산지원 2015.10.07 2015고정269
수산업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in fisheries using a fishing vessel’s “B” (fishing vessel number C, approximately 1.85 tons, Sorain 250 E).

No person who intends to operate a coastal fishery business using a non-powered fishing vessel, a powered fishing vessel with a gross tonnage of less than eight tons, or a powered fishing vessel with a gross tonnage of more than eight tons but less than ten tons prescribed by Presidential Decree for safe operation of fishing vessels and coordination of fisheries shall operate fisheries for each fishing vessel or fishing gear without obtaining permission from the competent Mayor/Do Governor.

Nevertheless, at around 07:55 on February 25, 2015, the Defendant installed 1,000 shellfish coatss, a coastal complex fishing gear, using the above fishing vessel, without obtaining a permit for shellfish fish at the sea of 0.6 miles (35° 45° 661 seconds north latitude and 126° 28° 463 seconds east longitude).

Accordingly, the Defendant managed fisheries without obtaining permission.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Police seizure records;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 97 (1) 2 and Article 41 (2) of the former Fisheries Act (amended by Act No. 12541, Mar. 24, 2014; and enforced March 25, 2015);

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

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

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