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(영문) 광주지방법원 목포지원 2018.11.09 2018고단603
수산업법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

[2018 Highest 603] Defendant is the captain of a fishing vessel B (1.33 tons, 200 Ews).

Any person who intends to run a fishery business falling under coastal fishery, among those using power-driven fishing vessels of less than 10 gross tons, shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.

around 07:10 on June 19, 2018, the Defendant operated fisheries by using an improvement vegetable network without obtaining permission for the number of new vegetable forces at the 0.5 Eth day of the arrival of the ship in the south of the foreshore.

[2018 Jinan-gun 843] On July 4, 2018, the Defendant loaded an improved routture net fishing gear without obtaining permission from the competent authority on the non-powered routture line at the 0.8 nautical miles from the 0.8 nautical miles from the Northwest-gun, Newan-gun, the Southern-gun of the Republic of Korea, around August 13, 2018, on which the Defendant loaded the routture net equipment without obtaining permission from the competent authority on the non-powered rout line at approximately 0.7 nautical miles from the Southern-gun, the Southern-gun, the Southern-gun, also loaded the routture net without obtaining permission from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs and photographs of evidence of the crackdown on illegal fishing and of GPS photographs;

1. Relevant legal provisions and Articles 97 (1) 2 and 41 (2) of the Fisheries Act (the occupation of fishing gear using an unauthorized fishing gear and the choice of imprisonment) concerning facts constituting an offense, and Articles 65 subparagraph 6 and 24 of the Fishery Resources Management Act (the occupation of carrying fishing gear without permission);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act for the punishment of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to observe the protection and observation under Article 62-2 of the Criminal Act;

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the order of provisional payment had been sentenced to a fine of six times for the same kind of crime, the defendant was committed at the time of committing the crime, and is divided, and again, he did not commit such crime.

The sentencing shown in the argument of this case, such as the fact that the defendant's age, sex, environment, etc. is different.

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