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(영문) 춘천지방법원 속초지원 2013.09.11 2013고정92
수산업법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in fishery as the actual owner and the captain of the Seocho-do Coast Complex Fishing Vessel C (9.77 tons) in Gangwon-do.

Any person who intends to run any fishery business falling under the coastal fishery business with a powered fishing vessel with a gross tonnage of less than eight tons or a powered fishing vessel with a gross tonnage of more than eight tons but less than ten tons prescribed by Presidential Decree for safe operation of fishing vessels and coordination of fisheries shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.

The above fishing vessel is not allowed to operate the fishing vessel in the Gyeong-do Coastal Coastal Coastal Coastal Coastal Coastal Sea beyond the boundary of Gangwon-do (N 37.08 minutes North latitude) after obtaining a permit for the coastal fishing of Gangwon-do, the fishing zone of which is restricted to the sea of Gangwon-do.

Nevertheless, at around 11:50 on October 28, 2012, the Defendant, along with two seafarers, engaged in fishing operation at the Gangseo-do port, and engaged in fishing operation at the port of Gangwon-do, with two crew members, and, around 19:46 on the same day, at the 15-nautical miles (76-2 Seas and 129.40 degrees east 36.58 degrees east 129.40 degrees east east 129.40 degrees east east 26.0) at the port of the Gyeongwon-do.

In addition, between October 14, 2012 and October 24, 2012, the Defendant engaged in fisheries without permission from the Do Governor for coastal complex fisheries from the Gyeongbuk-do in the same manner three times and four times in total as indicated in the list of crimes committed in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to investigative data sent upon request for cooperation, and C Unauthorized fishing location display data;

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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