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(영문) 수원지방법원 안산지원 2019.10.02 2019고단1826
어선법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The owner of a fishing vessel violating the Fishing Vessels Act or a vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries shall register the fishing vessel with the head of the competent Si/Gun/Gu having jurisdiction over the port where the fishing vessel or vessel mainly enters or departs from the port or harbor, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and the fishing vessel

Nevertheless, the Defendant, as the owner of “B” (A) a non-registered fishing vessel, used a vessel that was not registered as a fishing vessel for the purpose of gathering dogs around 18:10 on October 14, 2018, for the purpose of using the land as a fishing vessel for the operation of the sea of approximately 0.8 Ethmban-dong, Nam-dong, Incheon Cheongjin-gun, Incheon, for the purpose of gathering dogs

2. No person who violates the Fishery Resources Management Act shall manufacture, sell or load fishing implements, other than fishing implements licensed, permitted, approved or reported under the Fisheries Act, and fishing implements, the use of which is prohibited under this Act;

Nevertheless, around 11:00 on October 14, 2018, the Defendant loaded “legal net fishing gear” in B, which is a non-licensed, permitted, approved, or reported dog-free fishing gear at the sea of the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the report of detection, documentary evidence, internal investigation report, official text sent with investigative data, three hull photographs, such as C, the current status of the vessel owned by the suspect, data on replies to fishing vessel crew members, and criminal investigation report (Hearing of statements by witnesses);

1. Article 43 of the relevant Act on criminal facts, Article 43 subparagraph 2 of the Fishing Vessels Act that choose a punishment, Article 13 (2) of the same Act, Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 of the same Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The defendant has seven criminal records of the same kind in sentencing of Article 334(1) of the Criminal Procedure Act. Among them, even though he/she is pardoned or reinstated, he/she has been sentenced to suspended sentence of imprisonment.

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