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(영문) 광주지방법원 목포지원 2008. 12. 24. 선고 2008고정522 판결
[수산업법위반][미간행]
Escopics

Defendant

Prosecutor

Kim Jong-Jin

Defense Counsel

Attorneys Kim Shin-won et al., Counsel for the defendant-appellant

Text

A fine of three million won shall be imposed on a defendant.

When a defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

Seized evidence 2 shall be confiscated.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

The Defendant is a captain of a large roller with no permission (60.0t, diesel 507mast, FRP, and e.g., an external towing-type vessel storage network number omitted).

Any person who intends to conduct inshore fishery business shall obtain permission from the Minister for Food, Agriculture, Forestry and Fisheries for each fishing vessel or fishing gear.

Nevertheless, on June 12, 2008, the Defendant captured six boxes by using a large trawls who did not obtain permission in the sea of approximately 38 meast (32°53.3 minutes north latitude) and the east 125°33.6 minutes east 125°3.6 minutes, and 241-1 Emb.

Judgment on Defendant’s argument

1. The Defendant asserts that the line did not run a large trawls using PP protruding, development boards, and Hegel devices, and that the line was off and cut off the part of the towing line and its parts into the sea while operating a large trawer network permitted by using the nets of 18 meters long, and that the line was cut off and cut off to the sea at the time of enforcement by the maritime police station.

2. However, the defendant's assertion is not accepted in full view of the circumstances, such as the following: (a) the white-style ○○○○ (Control Line) was shot-style, the white-style shot-style shot-style shot-type shot-type shot-type shot-type shot-type shot-type shot-type shot-type shot-type shot-type shot-type strif shot-type strif shot-type strif strif shot-type strif strif strif strif strif strif strif strif strif strif strif strif strif

Summary of Evidence

1. Part of the defendant's legal statement

1. Part of each legal testimony of Nonindicted 1, 2, and 3 by the witness

1. The statement of Nonindicted 2

1. Statement of police seizure, list of seizure and explanatory note;

1. Control note, arrest location map, fishing gear salvance and location map, evidence photograph;

1. A copy of a fishery permit;

1. Records and photographs of seizure or destruction of the police, and records of the trade of fishery products;

Application of Statutes

1. Article applicable to criminal facts;

Articles 94(1)1 and 43(1) of the Fisheries Act

1. Selection of punishment;

Selection of Fines

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Confiscation;

Article 97 (1) of the Fisheries Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Level of judge;

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