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(영문) 인천지방법원 2018.02.08 2018고정217
수산업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant stated 6.67 tons and 6.67 tons in the written indictment for C indictment for fishing vessels operating in the coast of Incheon pool-gun, but it is apparent that it is a clerical error in the record, and thus, the Defendant revised it ex officio.

(6.62 metric tons, diesel 360 Embs, FRP, fishing vessel numbers: D, potter-gun Coast E, and combined coastal fishing F).

If the Minister of Oceans and Fisheries deems it necessary for the continuous use of fishery resources and coordination of fisheries, he/she may restrict the size, form, quantity and method of use of fishing districts for each type of fishery business permitted pursuant to Article 41, and the area and period of prohibition of the use of fishing implements, the size of net ccos, etc.

Nevertheless, on June 16, 2017, at around 06:25, the Defendant captured approximately 0.3 nautical miles (27.8 minutes above North Korea, 126.27.1 minutes east, 154-6 east) from the east bank of the Mapo-gun, Incheon Spo-gun, Mapo-gun, the Defendant: (a) in violation of the size of fishing gear for fishing gear for fishing gear for fishing at the coast (Prohibition of Use of at least 140 meters long at the entrance, 380 meters at the entrance, 240 meters); (b) in violation of the size of fishing gear for fishing at the coast (the length of the entrance, 380 meters at the entrance, 240 meters); and (c) in violation of the 60 km of fishing gear for fishing at the coast, 0.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of enforcement manual, location map, evidence and photograph, list of seizure, list of entrance and exit length measuring, records of seizure and seizure, details of loading, copy of loading certificate, and detailed statement of fishery permission;

1. Subparagraph 2 of Article 99-2 and Article 64-2 (1) of the former Fisheries Act (Amended by Act No. 14349, Dec. 2, 2016) on criminal facts

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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