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(영문) 전주지방법원 군산지원 2021.02.02 2020고정329
수산업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the person who is engaged in fishery as the actual owner or captain of a fishing vessel B (7.31 ton) in the coast of Seocheon-gun's shipment.

On May 20, 2020, any person who intends to run a powered fishing vessel with a gross tonnage of less than 10 tons in violation of the Act on Fisheries and falling under a coastal fishery business shall obtain a permit for each fishing vessel or fishing gear from the Mayor/Do Governor.

Although the Defendant did not obtain a fishery permit for the coastal mal net from the military market, from around 04:30 on May 20, 2020 to around 05:30 on the same day, the Defendant installed three copies of the coastal mal net fishing gear at sea (D) 4.2 nautical miles (D) in Gunsan-si, Simsan-si. From around 02:00 on the 26th day of the same month to 03:30,000, the Defendant captured approximately KRW 550,000 in total market value, and operated the unauthorized coastal mal net by capturing approximately 40 km in total.

2. On June 6, 2020, the Defendant, despite the fact that he did not obtain a permit for the fishery of coastal fishing networks from the military market, installed two copies of coastal fishing nets at sea from around 01:30 on June 6, 2020 to 02:30 on June 6, 2020, the Defendant captured approximately 400,000 won of the market price from around 08:10 to 10:30 on June 11, 202, and operated an unauthorized coastal fishing network by catching approximately 400,000,000 won of the market price using the fishing gear.

Summary of Evidence

1. As to the defendant's statement in the police interrogation protocol (report on detection of fishing vessels in violation of the Fisheries Act), investigation report (as to confirmation of the specifications of the B vessel and review of fishery-related Acts and subordinate statutes), response to request for cooperation in investigation, B's shipment certificate, B's vessel register, B's vessel register, B's fishery permission statement, and evidence submitted for identification of the boundary coordinate, photograph, Do's electronic piracy indication photo for administration of the Do boundary coordinate, national land dial map (1970s) to the defendant's legal statement, the application of each Act and subordinate statutes governing editing photographs in the location of B operations

1. Punishment under Article 97 (1) 2 and Article 41 (2) of the Fisheries Act for facts constituting an offense;

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