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(영문) 전주지방법원 군산지원 2014.11.24 2014고정405
수산업법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is the captain of an unauthorized snick-snive fishing vessel with the name of the vessel (al.e., approximately five tons, unauthorized, and wooden vessel).

A person who intends to operate a fishery business with a certain area of fishing gear, i.e., a political snick snick snives, shall obtain permission from the head of Si/Gun/Gu for each fishing vessel, fishing gear, or facility.

Nevertheless, around 13:10 on February 28, 2014, the Defendant, without obtaining permission from an administrative authority for the sniven-sn-line fishing business, captured approximately 1 nautical miles (N 35°58.8 minutes north latitude 126°38.6 minutes east longitude 126°38.6 minutes, 5184-1 region) of the Gunsan-si Port, Gunsan-si, Gunsan-si, Gunsan-si, Gunsan-si, with one fishing gear attached thereto, and captured about 0.5 km in sn-ek.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 97 (1) 2 of the Fisheries Act and Article 41 (3) 1 of the same Act concerning the selection of criminal facts and punishment;

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

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

1. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, the following factors are comprehensively taken into account: (a) the defendant's time to commit a crime and reflects the sentencing; (b) the defendant has no criminal records of the same kind; and (c) the defendant's suspension of illegal operation; and (d) the defendant's age, character and conduct, environment, motive and circumstance of the crime; and (e) the various sentencing conditions as shown in the argument of the instant case

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