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(영문) 광주지방법원 해남지원 2019.05.30 2019고정33
낚시관리및육성법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is the owner of a fishing vessel B (5.41 ton) registered in Jeonnam-do, and is engaged in the fishing vessel business as a captain.

Where the head of an agency reporting entry into and departure from a fishing vessel restricts departure from the fishing vessel in consideration of weather and maritime conditions, etc., the fishing vessel proprietor shall comply therewith.

Nevertheless, at around 11:20 on December 5, 2018, the Defendant violated the measure of restrictions on departure by getting 10 fishermen on board C even though he was subject to the measure of restrictions on departure from the port of North Korea to the port of North Korea when the liquidation of the entire area of the operation was taken on the port of North Korea, after leaving the port of North Korea where the 12:30 on the same day is in force, and leaving the port of North Korea where the 11:30 on the same day is in force, the Defendant violated the measure of restrictions on departure from the port of North Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the No. 12 of the evidence list);

1. Each written confirmation;

1. Application of Acts and subordinate statutes, such as reporting on detection of persons who violate fishing control and promotion, report on the situation, CV-PAS port data, and report on departure from Korea;

1. Relevant legal provisions concerning criminal facts, Articles 53(2)7 and 34(1) of the Act on the Management of and Promotion of Fishing and Fishing for the Selection of Punishment, etc. (see, e.g., Supreme Court Decision 2009Do1448, Apr. 2, 2009; Supreme Court Decision 2009Do1448, Apr. 2, 2009; Decision 2009Do148, Apr. 2, 2009).

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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