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(영문) 창원지방법원 통영지원 2016.04.15 2016고정35
수산업법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the captain and the captain of a fishing vessel (B, 4.91 ton, diesel 430 ton, FRP) that is engaged in the mobile demarcated fishery at the time of macro-scoping.

According to the law of fisheries, any person who intends to engage in fishery business within a demarcated zone shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility within a specified waters, and shall not violate restrictions on the size, form, quantity and method of use of fishing districts for each type of fishery business permitted under Presidential Decree for the continuous use of fishery resources and coordination of fisheries, zones in which the use of fishing gear is prohibited, the period of prohibition, the size of net cco

Nevertheless, the Defendant, at around 15:30 on November 15, 2014, operated fisheries using fishing gear in violation of the restrictions under the statutes in an area where the Defendant violated the restrictions under the law in the area where the permit was not obtained by catching approximately 300 km, such as a shot view, which is located in the ground of a new view view fishing gear located in the ground of the 11-day area south-dong, Busan Metropolitan City, which is a point beyond about 26 eth to the north-dong, located in the area of a new view view, located in the south-dong, Busan Metropolitan City, the direction of the 11-day area south-dong, Busan Metropolitan City.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Protocol and list of seizure;

1. Application of the provisions of the Acts and subordinate statutes to certificates and photographs of release of illegal catch, background of crackdowns, arrest location map and evidence photographs, and copies of permits for coastal fishery business;

1. Relevant Article of the Fisheries Act and Articles 97 (1) 2 and 41 (3) 1 (the point of operating fisheries without permission) concerning criminal facts, Articles 99-2 and 64-2 (1) (the point of violating the restriction on the size of a fish-gu) of the Fisheries Act, and the selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 100 (1) of the Fisheries Act;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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