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(영문) 광주지방법원 순천지원 2014.04.30 2014고정122
수산자원관리법위반
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 the captain and captain of the coastal transit vessel B (2.99 tons, diesel 150 Emb., F.R.P., fishing vessel number: C) of the shipment of the Jeonnung-gun.

According to the Fishery Resources Management Act, for the propagation and protection of fishery resources, the size and form of fishing gear by type of fishery business. Quantity and method of using fishing gear, area in which the use of fishing gear is prohibited, period of prohibition, and size of net nose by type of fishery business the use of which is restricted by the Enforcement Decree of the Fishery Resources Management Act should be observed. In addition, when fish species other than the fish species prescribed by the Enforcement Decree of the Fishery Resources Management Act are captured, the size of net nose should not be less than 35 meters.

Nevertheless, around 09:20 on October 11, 2013, the Defendant, at the 0.5-mam (34-26N, 127-32.1E, 104-1 Seas) north-dong, Mana Space Center No. B, etc. on the north-dong, Gai-do, Gai-gun, Gai-gun, Gai-gun, Mari-do, Gai-gun, in a 0.5-mam (hereinafter referred to as 34-26.6N, 127-32.1E, 104-1) capture

Summary of Evidence

1. Defendant's legal statement;

1. A list of measurement records of his/her physical cocoin;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. As a result, Article 65 subparag. 4 and Article 23(1) of the former Fishery Resources Management Act (amended by Act No. 11566, Dec. 18, 2012) was amended on December 18, 2012 (amended by Act No. 11566, Dec. 19, 2013) regarding criminal facts, Article 65 subparag. 4 and Article 23(1) and (2) of the former Fishery Resources Management Act was deleted. Accordingly, Article 10(3) and [Attachment Table 13] [Attachment Table 13] of the former Enforcement Decree of the Fishery Resources Management Act, which restricts the standard of the physical coin for each type of fishery business, was deleted on December 17, 2013.

However, since Article 99-2(2) and Article 64-2(1) of the Fisheries Act and Article 45-3(3) [Attachment 3-4] of the Enforcement Decree of the same Act restrict the use of fishing gear by kind of fishery, the punishment of the defendant's act is still maintained.

Selection of Fines

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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