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(영문) 전주지방법원 정읍지원 2020.05.21 2019고단373
수산업법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(a) No person who violates the Fisheries Act shall capture, gather or cultivate marine animals and plants by any method of fisheries other than those prescribed by the Fisheries Act or the Fishery Resources Management Act;

Nevertheless, around April 24, 2019, the Defendant captured approximately 20 km of the sea by diving fishing, which allowed five women, such as C, to capture and gather marine animals, from the sea, to the fishing boat B (3 tons) at the coastwise of the west-gun Coastal Coastal Coastal Coastal Coastal Coastal Coastal Coastal Coastal Coastal Sea (0.78 nautical miles of the west-gun, Seoan-gun, Seoan-gunan Island). 2) On May 1, 2019, the Defendant captured approximately 80 km of the sea by the aforementioned method at the sea near the 0.3 nautical miles of the above military map.

(b) No person who violates the Fishing Vessels Act shall use a fishing vessel for navigation or fishing in excess of the maximum number of persons on board entered in a fishing vessel inspection certificate;

Nevertheless, the above defendant is the defendant.

- 1) As described in paragraph 2, the ship, as described in paragraph 2, has been engaged in navigation and operation with five seafarers on board the ship B.

C. Around April 2019, the Defendant illegally used air defense, discovered that the Defendant leased B from the Defendant, the owner of the above B, and did not have a fishing vessel license plate attached to the above fishing vessel, and removed one F’s fishing vessel license plate (G), which is another fishing vessel owned by E, and attach it to the left side of the steering house B.

Accordingly, the defendant used a fishing vessel number plate, which is a mark of public office, for the purpose of exercising.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Reporting on detection of violations of the fishing vessel Act and the Fisheries Act (F);

1. Evidentiary photographs related to the cases in violation of the respective fishing vessels Act and the Fisheries Act;

1. A statement of detection;

1. Investigation report (related to cases involving specific fishing vessels and illegal entry, such as official seal);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of materials related to unlawful use of air defense);

1. Article 97 (1) 4 of the Fisheries Act and Article 97 (1) 4 of the same Act concerning the relevant criminal facts and the selection of punishment;

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