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(영문) 대전지방법원 홍성지원 2015.04.08 2014고정210
수산자원관리법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the captain of Boan-si Coast Complex C (3 tons, Solitary 250 E., FRP, fishing vessel number: D and Boan-si Coast Complex E).

Any person who intends to carry on coastal net fishing shall obtain a permit for fishery business from the Mayor/Do Governor for each fishing vessel or fishing gear, and shall not load unauthorized fishing gear on the fishing vessel.

On March 24, 2014, around 08:10, the Defendant loaded three breadths of coastal network fishing gear, which was not permitted by the Mayor/Do governor, on the northwest bank of the northwest bank of the west (36:24.7 minutes north latitude, 126.20 minutes east longitude, 174-3 east longitude).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Police seizure records;

1. The location map for arrest;

1. Evidence photographs;

1. Application of Acts and subordinate statutes to copies of fishing permits;

1. Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 of the same Act concerning criminal facts;

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

1. Article 68 (1) of the Fishery Resources Management Act;

1. The summary of the argument of the Defendant and his defense counsel regarding the assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act is as follows: (a) the Defendant left a fishing vessel with the knowledge of the fact that the fishing gear stated in the judgment was loaded on the fishing vessel, and did

Judgment

According to the above evidence adopted by the court and examined by this court, C, the master of the defendant, is a relatively small-scale vessel of 7.9 meters in length, 2.42 meters in width, and 0.94 meters in depth. The place where the fishing gear as stated in the judgment at the time of departure was loaded with no obstacle around the port, and it can be recognized that the place where the defendant's control was considerably away from the Ocheon Port, which is the port where departure. Thus, the defendant can be sufficiently recognized that he was aware of the fact that the fishing gear as stated in the judgment at the above vessel was loaded.

In addition, Article 65 subparagraph 6 and Article 24 of the Fishery Resources Management Act provide "specific fishing gear in violation of Article 24."

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