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(영문) 부산지방법원 동부지원 2017.02.02 2016고정1226
낚시관리및육성법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the owner of the fishing boat B (2.50 tons) and the captain of the ship in Busan-gun.

No fishing business operator shall refuse to issue an order to restrict his/her business area, etc. to ensure the safety of fishing vessels, to prevent accidents, and to maintain order of fishing business operators, and B shall not engage in any act of guiding fishing vessels with a business area of less than three tons in accordance with Article 2015-149 of the Public Notice for Safety, Operation, etc. of Fishing Vessels in Busan Metropolitan City, the Gun of the Busan Metropolitan City, to a place where fishing vessels can fish in the coastline for not less than three tons.

“......”

Nevertheless, the Defendant, at around 05:22 on May 12, 2016, entered the port to the port to the Busan-gun, Busan-gun, with a charge of 50,000 won from five fishing passengers aboard the port to the port to the port to the port to the port to the port to the port to the port to the port to the port to the port to the port to the port to the port to the port to the Busan-gun, with a charge of 50,000 won or more from the coast to the port to the port to the port to the port

As a result, the Defendant violated the order to take measures for safety navigation to maintain order in fishing fishing vessel business.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of C and D;

1. B Data for entry and departure;

1. Application of the navigational statutes of i.e. May 12, 2016

1. Relevant Article of the Act and Article 53 (2) 8 and Article 35 (1) 2 (Selection of Penalty) of the Act on the Management of and Promotion for elective Fishing and Punishment for Criminal Facts;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (in cases of conversion into KRW 100,000 per day) to detention in a workhouse;

1. Article 59 (1) of the Criminal Act (i.e., the confession of the defendant, the criminal records of the same kind, and the absence of any criminal records of qualification suspension or more) of the suspended sentence;

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