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(영문) 전주지방법원 군산지원 2017.01.18 2016고정469
수산업법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant resides in Kim Jong-si B, and is the owner and the captain of a non-registered ship (a approximately 0.7 tons).

1. Any person who intends to run a coastal net fishery business with a power-driven fishing vessel of less than 10 gross tons in violation of the Acts of fisheries shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor;

Nevertheless, around 05:30 on July 25, 2016, the Defendant left the port where the Jin-si, Jin-si, Kim Jong-si, and captured approximately 10 km (market price omitted) in a way of throwing away 10 km of coastal self-net fishing gear, which was not permitted by the Mayor/Do Governor from 06:10 on the same day to 08:20 on the same day, at the sea near the Sinsan-si, Sinsan-si, Sinsan only from 06:10 to 08:20 on the same day.

2. For the propagation and protection of fishery resources, the Minister of Oceans and Fisheries in violation of the Fishery Resources Management Act set the period from June 21 to August 20 of each year as the period of prohibition of catching fishery resources.

Nevertheless, the Defendant captured approximately 10 km (market price omitted) from July 25, 2016 to 08:20 on July 25, 2016, 2016, using a method of throwing up 10 breadth of coastal self-net fishing gear at the sea near the Sinsan-si in the Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The fishing vessel register, fishery permission, and loading certificate) and photographs of a request for cooperation in business affairs;

1. Application of the publicly notified Acts and subordinate statutes concerning the degree of coastal self-help net fishing gathering and period during which capture of fishery resources is prohibited;

1. Relevant legal provisions concerning facts constituting an offense, Articles 97 (1) 2 and 41 (2) of the Fisheries Act (unauthorized fishery business), Articles 64 subparagraph 1 and 14 of the Fishery Resources Management Act, and the selection of fines, respectively;

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

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

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

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