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(영문) 전주지방법원 2017.04.12 2016고정947
수산업법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is the captain of a fishing complex C (a total of 1.61 tons) with a coastal complex fishery permit (a permit number D) that allows fishery from the Gunsan City to run in the general coast of Jeollabuk-do.

Any person who intends to operate a coastal fishery business, which uses a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than 10 tons, shall obtain permission from the competent authority for each fishing vessel or fishing gear, and any person shall annually obtain permission for the propagation and protection of fishery resources.

6.21. to 21.

8. The fireworks shall not be captured until 20.

Nevertheless, from around 05:20 on July 25, 2016 to around 07:30 on the same day, the Defendant captured approximately 235,620 kgg of the market value by inserting five lines of fishing gear loaded in the above C without obtaining a fishery permit from the Do Governor of Jeonra-do, who is the competent authority, to engage in the fishery on the sea, at the sea located in the gold-do located in the boundary of the mountain.

2. No person who is a defendant B shall possess fishery resources captured within a period determined for the propagation and protection of fishery resources;

Nevertheless, around 10:04 on July 25, 2016, the Defendant loaded approximately KRW 252,000 g of the market value captured by A, as described in the above paragraph 1, at the heart in the Jin-si, Jin-si, Kim Jong-si, Kim Jong-si.

Summary of Evidence

1. Defendants’ legal statement

1. A list of the occurrence of the case, the arrest report on the occurrence of the case, the photographs and seizure;

1. Certificates of loading, certificates of inspection of fishing vessels, detailed statements of permission for each fishery business, statements of response to a request for compromise in the business, and original register of fishing vessels, without voluntary submission of fishing gear;

1. Requests for administrative dispositions and application of statutes on the violation protocol;

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 97(1)2 and Article 41(2) of the Act on Fisheries; Articles 64 Subparag. 1 and 14 of the Fishery Resources Management Act (Prohibition of Capturing fishery);

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