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(영문) 광주지방법원순천지원 2020.10.21 2020고정218
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 a person who engages in fishery as the captain of a coastal fishing vessel (2.27 tons and rush 200 maws).

No one shall manufacture, sell or load fishing implements, other than the fishing implements licensed, permitted, approved or reported under Articles 8, 41, 42, 45 and 47 of the Fisheries Act, and fishing implements, the use of which is prohibited under the fishery resources management Act.

Nevertheless, around 10:50 on March 18, 2019, the Defendant loaded five coastal net fishing gear without obtaining permission from the above vessel at sea in Sacheon-si B.

Summary of Evidence

1. Partial statement of the defendant;

1. Sovereign, arrest location map, and evidence and photographs;

1. Application of Acts and subordinate statutes to certificates of shipment (C), certificates of shipment (C), and copies of certificates of fishery permission;

1. Article 65 Subparag. 6 and Article 24 of the former Fishery Resources Management Act (amended by Act No. 17106, Mar. 24, 2020) regarding criminal facts and Article 65 Subparag. 6 and Article 24 of the former Fishery Resources Management Act (amended by Act No. 17106, Mar. 24, 2020) [The Defendant is aware of the fact that the Defendant loaded five widths of coastal nets, as stated in the facts charged on the day of the instant case, but only temporarily loaded the fishing gear without the intent to use it for fishing purposes. However, the above provisions of the former Fishery Resources Management Act prohibit the Defendant from carrying the fishing gear, etc. for which the Defendant did not obtain permission for coastal nets, so long as the Defendant loaded the fishing gear, the establishment of the crime does not affect the establishment of the crime

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a sentence of suspended sentence of imprisonment is invalidated or revoked);

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant, other than the instant C vessel, concurrently holds D with a permit for a coastal network fishery; and (b) uses the two fishing vessels in the usual small and medium area for fishing operations; and (c) the instant coastal network fishing gear did not need to be used while getting on and off D.

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