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(영문) 대전지방법원 홍성지원 2014.03.14 2014고정52
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 a captain of Boan-si fishery (each net) fishing vessel B (4.99 tons, diesel 500 masts, FRP, fishing vessel number: C and Boan-si net fishery No. 2010-02).

A person who intends to operate a fishery business in a demarcated zone with a specified area of fishing gear, that is, a fishery business in a demarcated zone, shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility, and shall not operate a fishery

Nevertheless, on May 24, 2013, the Defendant, beyond approximately 9 nautical miles in the operational zone permitted at approximately 09:10 on May 24, 2013, captured approximately 3 km (e.g., ear 126Do23.2 minutes, east 126.2 minutes, east 174-9) sea-net fishing gear at the northwest of the Masan-si, Gun-si, Gun-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of violation, details of regulation, arrest and location map;

1. A copy of sectional fishery business permit, or a copy of shipment certificate;

1. The details of seizure and records 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) of the same Act concerning facts constituting an offense and Article 97 (1) 2 of the same Act concerning the selection of punishment.

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

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

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

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