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(영문) 대전지방법원 홍성지원 2013.11.27 2013고정90
수산업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant: (a) was the captain of the west-west Coast Coast Maritime Vessel D (7.93 tons, diesel 450 miles, FRP, fishing vessel number E, and fishing vessel number): (b) was a holder of a coastal fishery fishery fishery permit; (c) was prohibited from engaging in fishing operations beyond the west-gun Sea Do, the area for which the fishery permit was granted; (d) was permitted on July 2, 2012; and (e) was captured by using approximately two nautical miles (36.03 minutes north latitude; 126.2 minutes east, 174-9 Seas) from the south-west Sea area for which the fishery was permitted on July 2, 2012.

Summary of Evidence

1. Each legal statement of the defendant and G in part;

1. A protocol concerning the police interrogation of the accused;

1. The list of seizure;

1. Seizure records;

1. Control note;

1. The location map for arrest;

1. Evidence photographs;

1. Statement of violation;

1. Application of Acts and subordinate statutes to copies of permits for coastal fisheries;

1. Relevant provisions of the Fisheries Act and Articles 97 (1) 2 and 41 (2) of the same Act concerning facts constituting an offense;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Intentional denial;

A. The gist of the assertion is that the Defendant did not know about the sea area during the operation, and thus did not have intention.

B. According to the above evidence duly examined in this court, according to G’s legal statement, ① the Defendant’s vessel location information and maritime boundaries during the operation of the Defendant’s coastal net fishing vessel are the Defendant’s share, which can confirm numbers, such as the latitude and longitude, and if the Defendant has been twice more than 10 years, the scope of operation or maritime boundaries are examined. However, at the time, the Defendant, the captain, was trying to destroy the destroyed goods at the same time, and the Defendant, who was the captain, was faced with the maritime boundary by smugglinging the destroyed goods, and then his life, etc. will have been done for a considerable period of time. ② At the time of interrogation of the police, the Defendant left the port at the time of questioning the police.

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