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(영문) 대전지방법원 홍성지원 2017.01.12 2016고정228
수산업법위반
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 the captain of Bohyeong-si, who is a fishing vessel C (7.93 tons).

Any person who intends to establish a specified area of fishing gear or operate a fishery business using a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than five tons shall obtain permission from the competent authority for each fishing vessel, fishing gear, or facility.

Nevertheless, the Defendant, on March 31, 2016, carried out fisheries by installing a backline net fishing gear at the sea (N36∑ 11'309', E126∑ 21' 0207', hereinafter referred to as "N36° 126° 207'), Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Seizure records;

1. Control report, a copy of a detailed statement of fishery permission, and the operational zone map;

1. Application of Acts and subordinate statutes governing examination of evidence;

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

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

1. Article 100 (1) of the Fisheries Act;

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

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