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(영문) 춘천지방법원 속초지원 2013.09.11 2013고정99
수산업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the owner or captain of C (7.93 tons) who is a high-gun coast complex fishing vessel in Gangwon-do and is engaged in fishery as the captain.

Any person who intends to run any fishery business falling under the coastal fishery business with a powered fishing vessel with a gross tonnage of less than eight tons or a powered fishing vessel with a gross tonnage of not less than eight tons but less than ten tons prescribed by Presidential Decree for safe operation of fishing vessels and coordination of fisheries shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.

There is no permit for the coastal fishery business to operate the fishing vessel in the Gyeongwon-do Coastal Coastal Coastal Coastal Ocean beyond the boundary of Gangwon-do (N 37.08 minutes North latitude) after obtaining a permit for the coastal fishery business that restricts the fishing zone from the Gangwon-do Gowon-si to the Gangwon-do coast.

Nevertheless, at around 1:30 on October 208, 2012, the Defendant engaged in fishing at the sea at the 21-nautical miles from the port of the Gangwon-gu, Gangwon-do, Gangwon-do, with three crew members, and engaged in fishing at the sea at the 21-nautical miles from the port of the South East-do, the Gyeongnam-do, the 23:00 on the same day, the 23:00 on the same day, the 21-nautical miles from the south-do, the Gyeongnam-do, the Gyeongnam-do, the Gyeongnam-do, the Gyeongwon-do.

In addition, between October 16, 2012 and November 07, 2012, the Defendant captured approximately KRW 1500 km (5 million at the market price) on the sea of the Gyeongbuk-do without permission from the Do Governor, by the same method five times in total as indicated in the list of crimes, as shown in the attached Table of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of investigation data, and application of the statutes concerning the location data for operations without C permission;

1. Relevant Article 97 (1) 2 and Article 41 (2) of the Fisheries Act, the selection of fines, and the selection of penalties for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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