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(영문) 광주지방법원 목포지원 2018.03.23 2017고정522
수산업법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is the captain of C (20 tons) a fishing vessel, the complex type of shipment of the Newan Army, the maximum number of passengers on board of which is three.

[2017 High Court Decision 522]

1. On June 11, 2017, the Defendant violated the Fisheries Act, and the Defendant violated the Fishing Vessels Act, on June 11, 2017, on board four persons, including D, E, F, etc., on board the said fishing vessel without obtaining permission from the Minister of Oceans and Fisheries at approximately 70 nautical miles from the 70-nautical miles-gun, Chungcheongnam-do, Black-do, Black-do, Black-do, Black-do, Black-do, Black-do, Black-do, and operated fisheries by operating the wing-do fishing gear loaded on the said fishing vessel at sea.

Accordingly, the Defendant carried on fishery without obtaining permission from the Minister of Maritime Affairs and Fisheries, and used the fishing vessel for fishing operations in violation of the maximum number of persons on board stated in the fishing vessel inspection certificate.

2. On June 13, 2017, the Defendant violated the Fisheries Act, and the Fishing Vessels Act, on June 13, 2017, around 19:10, on the 90-nautical miles-gun, Haan-gun, Haan-gun, Haan-gun, the Defendant, without the permission of the Minister of Maritime Affairs and Fisheries, carried four guns, such as D, E, F, etc. on board the said fishing vessel, without the permission of the Minister of Maritime Affairs and Fisheries, and engaged in the fishery, such as capturing 5,00 flick net fishing gear loaded on the said fishing vessel in the manner of releasing it on the sea.

Accordingly, the Defendant carried on fishery without obtaining permission from the Minister of Maritime Affairs and Fisheries, and used the fishing vessel for fishing operations in violation of the maximum number of persons on board stated in the fishing vessel inspection certificate.

[2018 Highly 9] On June 16, 2017, the Defendant engaged in fisheries, such as capturing about 5 km, which was loaded on the said fishing vessel, without obtaining permission from the Minister of Maritime Affairs and Fisheries at a 43-nautical miles in the northwest-west, Man-do, Southern-gun, Southern-gun, the North Korean Coast Guard, on the 43-nautical miles northwest-do.

Summary of Evidence

[2017 High Court Decision 522]

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Photographs (2018 Go fixed 9) collected at the time of each detection;

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of enforcement manual statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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