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(영문) 광주지방법원 해남지원 2019.01.10 2018고정90
낚시관리및육성법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in fisheries as a captain who is concurrently the owner of a ship B (1.09 tons) for a ship with approximately 1.09 tons in Korea-do.

1. A summary of a report for those who intend to engage in fishing in violation of the Fishing Management and Fishing Promotion Act;

A report on the fishing vessel business for reported matters shall be prepared and reported to the head of a Si/Gun/Gu having jurisdiction over the port of registry of the relevant fishing vessel.

Nevertheless, at around 06:30 on August 8, 2018, the Defendant, without reporting the fishing vessel business to the head of the Ydo Gun, operated the fishing vessel business without reporting the fishing vessel business, by getting five fishermen to board the ship at the place of the ship of the Ydo Yado Yado Yado-gun with a total of KRW 200,000,000 from five fishermen on board the ship at the place of the ship of the Yado-gun Yado-gun.

2. The owner or captain of a fishing vessel in violation of the Fishing Vessels Act shall not use the fishing vessel for navigation or fishing in excess of the maximum number of persons on board entered in the inspection certificate;

Nevertheless, as stated in the above 1. B, the Defendant, as a result of the fishing vessel operation by a total of six fishermen (five fishermen and one captain) on board B, was on board more than 4 persons with the maximum number of passengers on board specified in B’s fishing vessel inspection certificate, and used them for navigation B.

Summary of Evidence

1. Defendant's legal statement;

1. The police transfer;

1. On-site documentary evidence photographs;

1. A written statement prepared in C;

1. Each report on investigation;

1. A copy of a shipment certificate;

1. Copies of fishing vessel inspection certificates;

1. Application of statutes governing copies of fishery permission;

1. Article 53 (2) 4, Article 25 (1) (unreported fishing vessel business), Articles 44 (1) 7, and 27 (1) 1 of the Fishing Vessels Act (a point where the number of persons on board exceeds the number of persons on board), the selection of fines for each crime;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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