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(영문) 전주지방법원 군산지원 2017.11.03 2017고정282
수산업법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner and captain of B (17 tons) and is engaged in the military fishing operation of the Kim Farming City under an event contract (72 books) in No. 5649 of the military fishing village fishing village fraternity licensed by the fishing village fraternity even if he/she opens as the captain of B (7 tons).

1. Where a fishery right holder intends to use a fishing vessel necessary for controlling fishing grounds of his/her fisheries, he/she shall obtain designation from the head of a Si/Gun/Gu;

Nevertheless, on March 29, 2017, from around 07:05 to 12:50 on the same day, the Defendant loaded water Kim 100ggh ( approximately 55kg per network 1 network 55kg) collected from the above Kim Do-type Kim G, located at the sea of Gunsan-si, Simsan-si, and used the above fishing vessel, which was not designated as a management vessel, after transporting the water Kim 13:30 on the same day to the landing line before the Dosan-si, Simsan-si.

2. The owner of a fishing vessel violating the Fishing Vessels Act shall undergo an inspection by the Minister of Oceans and Fisheries on the equipment of the fishing vessel, as prescribed by Ordinance of Ministry of Oceans and Fisheries;

Nevertheless, around 07:00 on March 29, 2017, the Defendant: (a) departed from the landing place in the vicinity of the Gamdo in the Gamdo in the Gamdo in the Gamdo in the Gamdo; and (b) used the Famdo in the Gamdo in the Gamdo without undergoing a fishing vessel inspection for approximately four days until the arrival place in the Gamdo in the Gamdo in 13:30 on the same day; and (c) used the Famdo in the navigation.

3. The Defendant violated the Ship Personnel Act, without obtaining a renewal of the license for marine articles (as of August 28, 2013), was on board and leaving the ship as a captain, who is an employee of B (17 tons) at the arrival of the ship located on March 29, 2017, in the state of suspension of its validity, as of March 29, 2017. The Defendant, at around 13:30 of the same day, was on board the ship as the captain, who is an employee of B (17 tons) at the arrival of the ship located on March 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Evidentiary photographs;

1. Answers to licensed matters of marine articles;

1. Inspection of ships:

1. Application of statutes on matters of fishery permission;

1. Article 98 subparagraph 3 of the Fisheries Act and Article 27 of the same Act concerning criminal facts;

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