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(영문) 광주지방법원 순천지원 2017.09.20 2017고정10
수산업법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the captain of B (4.97 tons, diesel 395 Emb, FRP), a newly visible fishing vessel.

According to the law of fisheries, any person who intends to engage in fisheries within a demarcated zone shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility, and shall not violate restrictions on the size, form, quantity and method of use of fishing districts for each type of fishery business permitted under Presidential Decree for the continuous use of fishery resources and coordination of fisheries, zones in which the use of fishing gear is prohibited, period of prohibition, size of s

Nevertheless, on April 1, 2016, the Defendant left a fishing zone permitted at around 08:45, and carried out fishing operations using a view gear of 10.5 m (29 m3.8 m., east 128 m., east 128 03.8 m., 105-1 m.) for a view view, in violation of the shape of the fishing gear for a view view at around 10.5 m., the Defendant carried out fishing operations using a view gear of 15 m., the length of the object, the huge length of which is about 14 m.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Each protocol of seizure and the list of seizure;

1. A location map for arrest and lifting of fishing gear;

1. Evidence and audio images;

1. Application of each statute on photographs;

1. Relevant Article of the Fisheries Act and Articles 97 (1) 2 and 41 (3) 1 (excluding punishment) of the same Act concerning facts constituting an offense, and Articles 99-2 and 64-2 (1) of the Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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