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(영문) 전주지방법원 군산지원 2019.01.16 2018고단1170
수산업법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

Defendant A (the Defendants) is the owner or captain of a view fishing vessel C (7.93 tons) without permission and is engaged in fisheries, and Defendant B is the owner or captain of a view fishing vessel D (7.93 tons in military, Sinsan, Sinsan, Gunn, and Don fishery) without permission and is engaged in fisheries.

1. Defendant A

(a) Any person who intends to run a fishery business falling under the coastal fishery business, using a powered fishing vessel with the gross tonnage of less than 10 tons in violation of the Fisheries Act, shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor;

Nevertheless, from around 15:00 to 18:00 on July 6, 2018, the Defendant: (a) on the 15:00 to around 18:00, the king, etc. of the Bananan-gun Islands, left the port with an unauthorized fishing vessel without obtaining a coastal fishery permit on the sea of approximately 6-day south; and (b) captured a total of approximately 2,070 g of the market price by using a view gear for four times with a view gear.

(b) In order to propagate and protect fishery resources in violation of the Fishery Resources Management Act, the period, area, depth of fishery resources, body length, weight, etc. during which capture and gathering are prohibited may be determined, and in cases of key, the capture and gathering is prohibited from July 1 to August 31;

Nevertheless, the Defendant captured approximately KRW 2,079,00 of the market price by using an unauthorized fishing vessel C during the period of prohibition of catching and gathering height fishing vessels in the same manner as Paragraph 1 at the time and place stated in Paragraph 1 of Article 1 (a).

2. Defendant B

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

Nevertheless, the Defendant, from around 15:00 on July 6, 2018 to 17:00, boarded-gun, D, an unauthorized fishing vessel, without obtaining a coastal fishery permit on the sea of approximately 3 miles south-do, from the 15:0 on the 15:0,000, shall enter and depart from the port for view.

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