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(영문) 대전지방법원 서산지원 2019.07.25 2018고정221
수산업법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the owner or captain of a fishing vessel B (7.93 tons, number C of a fishing vessel) which obtained a permit for coastal traffic and coastal network fishing from Taean-gun.

Any person who intends to run a fishery business which uses a powered fishing vessel with a gross tonnage of less than 10 tons and which falls under the inshore fishery business or coastal fishery business shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.

Nevertheless, the Defendant, without obtaining permission from around 09:10 on May 22, 2018, used the above B in the vicinity of the sea (Fix: N37∑ 03.742", E126∑ 10.47) on approximately 8-math (N37∑ 03.742", and operated a coastal traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Report on investigation (Confirmation of a place in violation of an operation area);

1. On-site photographs (Evidence photographs) [The defendant and his defense counsel asserted that the defendant was in service at the time of crackdown and did not conduct operation. Thus, according to the evidence submitted by the prosecutor including witness D and E, a public official controlling the defendant at the time, and the evidence submitted by the prosecutor, it can be acknowledged that the defendant was under control when the defendant was engaged in operation by using a passage at approximately eight-ma days on the south bank, as stated in the facts charged, since the above argument by the defendant and his defense counsel is without merit).

1. Article 97 (1) 2 of the Fisheries Act and Article 41 (2) of the same Act (Selection of Fine) concerning facts constituting an offense;

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Although the reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence does not recognize a criminal act, the defendant has no record of punishment for violating the Fisheries Act, etc. even though the defendant had engaged in fisheries for more than 30 years, and there is no record of criminal act except for a fine of 100,000 won for violent crimes in 1983, and the defendant has obtained permission.

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