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(영문) 광주지방법원 순천지원 2020.05.29 2019고정251
수산업법위반등
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Criminal facts

On November 14, 2018, Defendants were sentenced to one year of imprisonment and three years of suspended execution due to a violation of the Fisheries Act in the Seosan Branch of the Daejeon District Court, and the sentence became final and conclusive on September 5, 2019.

Defendant

A is an owner and captain of a coastal complex fishing vessel C (1.98 tons) for women and a person who has been on board the vessel as a diving seafarer of the above vessel.

No one shall capture, gather or cultivate marine animals or plants by any method of fishery business other than those prescribed by the Fisheries Act or the Fishery Resources Management Act, and may also catch, gather or cultivate marine animals or plants in a harbor without justifiable grounds.

However, at around 18:20 on April 24, 2019, the Defendants boarded the above vessel at the port of Jindo-si, Jindo-si from 19:30 to 0:10 the following day, Defendant A, while operating the said vessel at the front sea in the vicinity of the area of the mine-going port area, and Defendant B, Defendant B, while operating the said vessel, carried a net, carried a sincoo equipment, such as air transit, carried a sincoo equipment, carried a sincoo into water, captured sea sea 2 mag (5km) in a manner other than a fishery business under the Fisheries Act or the Fishery Resources Management Act without justifiable grounds.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reporting on arrest of an offender in violation of the Harbor Act;

1. Records of seizure and the list of seizure;

1. Each photograph, certificate of shipment, statement of fishery permission, and lease contract of a fishing vessel;

1. Previous convictions: Each legal statement of the Defendants, each criminal record inquiry report, each previous disposition and confirmation report, investigation report (Attachment to the first instance judgment related to the same crime committed by the suspects pending the appellate trial), application of the law of the judgment

1. Defendants of relevant legal provisions concerning criminal facts: Articles 97 (1) 4 and 66 of the Fisheries Act, Article 30 of the Criminal Act (the point of fishery business other than the fishery business under the Act), Article 97 subparagraph 3 of the Harbor Act, Article 22 subparagraph 3 of the Harbor Act, Article 30 of the Criminal Act, the selection of each fine and each fine;

1. Ordinary concurrent defendants: Public prosecutors under Articles 40 and 50 of the Criminal Code.

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