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(영문) 광주지방법원 해남지원 2014.06.18 2014고정42
수산업법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a captain of an unauthorized coastal net fishing vessel B (a approximately 0.69 tons, Sorain 40 mast, FRP, and a fishing ground management vessel designated in an unauthorized complete military area).

Any person who intends to carry on coastal net fishing shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do governor (hereinafter referred to as the "administrative agency").

Nevertheless, around 05:06 on July 19, 2013, the Defendant used 4 breadth of coastal net fishing gear (20 cm/breadth) without obtaining permission from an administrative authority, at approximately 1.0 nautical miles (34°22.1 minutes north latitude, 126°45.5 minutes east longitude, 213-2 east longitude) south-west west-west west-west west-west west-west west-west west-west west-west (20 cm).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control of preparation of marine fishery injectionD;

1. Application of statutes on site photographs;

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. Penalty fine of KRW 1,000,000 to be suspended;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 59(1) of the Criminal Code of the Suspension of Sentence (the defendant owned a fishing vessel permitted for a coastal network, but it was discovered that the above fishing vessel was temporarily used by another person when it was not operated due to a breakdown, and that there are circumstances to consider the situation, and that the defendant reflects his mistake in depth, and again, the defendant would not be charged with such crime) is above Article 59(1) of the Criminal Code.

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