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(영문) 대전지방법원 홍성지원 2014.09.24 2014고정46
수산업법위반
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 the captain of Chungcheongnamcheon Coast Coast Maritime Operations Co., Ltd (7.93 tons, diesel325ma, FRP, fishing vessel number D, Seocheon Military Coast Maritime Network fishery permission E, Coastal Self-net F, and Coastal Complex G).

No person who has obtained a permit for coastal fishery business from an administrative agency shall operate any fishery business beyond the permitted area.

around 15:00 on May 23, 2013, the Defendant captured approximately 3.5 nautical miles in the southwest of the Southwest Sea from the year of the Southwest of the Gun, Gun, Gun, Do (N 36.03.8 east 126.21.5 east east 126.5 east 174.9 east east 174.9 east east east east east.).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Determination on release of illegal catches;

1. Release photographs;

1. Control note;

1. The location map for arrest;

1. Evidence photographs;

1. Statement of violation;

1. License for coastal fishery business;

1. Report on the results of investigation (with respect to unsatisfing of illegal fishing gear or unsatisfing of illegal catches and release at sea);

1. Presentation of opinions based on fact-finding on the Do boundary;

1. Application of the law of forwarding the fact-finding report

1. Relevant provisions of the Fisheries Act and Articles 97 (1) 2 and 41 (2) of the same Act concerning facts constituting an offense;

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

1. Summary of the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order

A. The Defendant was staying away from the vessel’s fuel, but did not fish on the sea north of the area.

B. The point where the Defendant was under control cannot be readily concluded as the Governor of Jeollabuk-do sea.

C. The Defendant did not know that the Defendant had been working in a permitted zone but exceeded the maritime boundary. As such, there was no intention.

Judgment

The Defendant’s act of fishing was controlled by the special judicial police officer of the Yellow Sea Fisheries Management Body at approximately 3.5 nautical miles in the southwest Sea of the Sinsan City, and at the time, the Defendant left the water in C with the sea, and there was a 10 km of the live culture in C, and even during the boom, the water is the water.

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