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(영문) 춘천지방법원 속초지원 2020.04.29 2019고정81
수산업법위반
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 (1.83 tons) a coastal complex fishing vessel at the port of Gangwon-gun.

No person shall conduct fishing on the sea north of the East Sea (the intersecting point of the coast line of latitude 38° 33°09.83'N and the coast line of the Jinjin-ri's coast of Gangwon-do, the intersecting point of the coast line of latitude 38° 33°09.83'N and the east 132°34°34'N) for military training or the protection of military bases.

Nevertheless, at around 05:06 on April 11, 2019, the Defendant: (a) boarded-gun located in the Jinsung-gun, Gangwon-gun; (b) boarded-gun, the Defendant: (c) boarded-gun fishing boats with a fishing gear to run in a fishing ground eligible for fishing by mooring up the fishing mooring line only from April 1 to December 31, 201; and (d) operated a monthly fishing operation by getting out of the port by getting up the fishing gear up to 125 meters from 07:40 on the same day to 08:00 on the same day; (c) from 07:40 on the north of the low-do fishing ground; and (d) from 125 meters from the boundary line north of the low-do fishing ground to 125 meters from the north of the low-do fishing ground (N 38:34.78 seconds; 128.9 seconds East east 128.9 seconds east 128.99 seconds; and 1,945 meters north.

Summary of Evidence

1. Defendant's legal statement;

1. On April 11, 199, B details of entry into and departure from the East Sea on April 11, 199, BV-PAS anti-fluorging photographs, photographs, P-105 F-105 related to the monthly operation of the fishing mooring line, a copy of the official document requesting cooperation in the restriction on the monthly operation of the fishing line in the East Sea, a copy of the official document requesting cooperation in the restriction on the monthly operation of the fishing line in the East Sea, a copy of the shipment certificate, a copy of the shipment certificate, and an investigation report (change of the facts of crime, etc.) legal application

1. Relevant Article 97 (1) 3 and Article 34 (1) 2 of the Fisheries Act and the selection of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant again commits the same kind of crime even though he/she had been sentenced to a fine for the same kind of crime, and the circumstances of sentencing including the circumstances of the crime in this case shall be determined as per the order.

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