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(영문) 인천지방법원 2018.03.23 2018고정412
낚시관리및육성법위반
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 a person who is on board as the captain of a fishing vessel B (3.02 tons) in the line of line with the line of line with the line of line of line.

If the head of a Si/Gun/Gu deems it necessary to ensure the safety of fishing vessels and prevent accidents, and to maintain order in the fishing industry, he/she may issue an order to restrict or take measures against such fishing vessels, and he/she shall not engage in fishing operations in a restricted area pursuant to the Act on the Arrival, Departure, etc. of Ships.

Nevertheless, on September 2, 2017, the Defendant rejected an order issued by the Sinst Market by allowing 8 fishing passengers, who were caught at the sea (the north 37Do24.65 minutes and the east 126Do34.17 minutes of the east-do, Incheon, Jung-gu, Incheon, where the business territory of the fishing fishing vessel is restricted, to fish at around 13:50 on September 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. B Certificates of evidence;

1. The location where he/she controls B;

1. Safety operation of fishing vessels and matters to be observed by passengers (No. 2016-123, the Silver Public Notice);

1. Application of Acts and subordinate statutes to a investigation report (to verify the records of entry into and departure from ports and port-going materials, and to explain places which might obstruct vessel traffic);

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

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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