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(영문) 광주지방법원 순천지원 2012.12.21 2012고정660
수산업법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the captain of the military ship C (10 tons) at the time of childbirth.

Any person who intends to conduct inshore fishery business shall obtain permission for each fishing vessel or fishing gear from the Minister for Food, Agriculture, Forestry and Fisheries, and no one shall manufacture, sell or load fishing gear, other than the fishing gear licensed, permitted, approved or reported, or prohibited from using.

Nevertheless, the Defendant, around August 31, 2010, carried out the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing of the fishing vessel

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Each police statement made to D and E;

1. Seizure records and on-site photographs;

1. A copy of a fishery permit, a copy of a shipment certificate, a copy of fishing vessel entry and departure report, and a list of seafarers;

1. Application of Acts and subordinate statutes governing search and seizure gear, a copy of a letter of official approval, the composition of a net and authorized net fishing gear, the difference between the net and authorized net, and the guidelines for identifying illegal fishing gear;

1. Relevant legal provisions for facts constituting an offense, and Articles 97 (1) 2 and 41 (1) of the Fisheries Act (the point where an inshore fishery business is run with an unpermitted fishing gear, the choice of fines) concerning the selection of punishment, and Articles 65 subparagraph 6 and 24 of the Fishery Resources Management Act (the point where an unregistered fishing gear is loaded);

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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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