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(영문) 대전지방법원 서산지원 2017.04.20 2017고정40
수산업법위반
Text

1. The sentence against the accused shall be 4,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person engaged in fishery as a captain of the interest of the owner of a fishing vessel B (4.05 tons of fishing vessels, coastal self-help fishing vessels).

Any person who intends to run any fishery business which uses a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than 10 tons and which falls under any fishery business other than the inshore fishery business and the fishery business under Article 41 (3) of the Fisheries Act (hereinafter referred to as "coastal fishery business") shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.

Nevertheless, on September 7, 2016, from around 06:30 to around 07:00 on the same day, the Defendant operated the above B at approximately 2.5 nautical miles of Taean-gun, Taean-gun, the Defendant, without obtaining permission from the competent authorities, and engaged in coastal sea-line fishing by capturing up the 20km of fishing gear by a method of throwing the fishing forces with a single net gear.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the details of the detection and a certificate of evidence in the field;

1. Application of the statutes on ship documents;

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

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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