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(영문) 대구지방법원 포항지원 2018.05.25 2018고정115
수산업법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the captain of a fishing vessel B (5.00 tons, diesel 748 Emb, FRP, C, and Gyeongbuk-do, both coastal and coastal fishing ground D, coastal self-net E, and coastal transit F) at the port of the South and North Korea.

No one shall capture a large volume using a fishing gear with the large volume of 150 millimeters or less pursuant to Article 64-2 (1) (limited to the size, etc. of a fish-gu) of the Act and Article 45-3 (3) of the Enforcement Decree of the same Act (limited to the size, etc. of a fish-gu) of the same Act.

Nevertheless, the Defendant, around 10:45 on 19:1, 201, captured 510 m2 at around 10:45 [2:0 m2 at around 64 nautical miles (North Korea’s latitude 36.5 minutes; 133.12.0 m2, 352-2 m2) along the south Eastdo, Dokdo Island], and was exposed to and arrested by a special judicial police officer of the leading vessel G of the same Sea fishery management, who is not 150 m2 in m20 m2, with 125 m25 m2 (25 m25 m2).

Summary of Evidence

1. Statement by the defendant in court;

1. A seizure list;

1. Relevant Acts and subordinate statutes, discharge photographs, copies of ship documents (cargo certificate, fishery permit), evidence photographs (on-site photographs and measuring of the size of mulcos);

1. Application of Acts and subordinate statutes to a report on investigation (illegal fishing unclaimed seizure, illegal catch) and a report on investigation (the details of crackdown and the location map for arrest);

1. Subparagraph 4 of Article 99-2 and Article 64-2 (1) of the Fisheries Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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