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(영문) 창원지방법원 통영지원 2019.02.18 2018고정408
수산자원관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the captain of a fishing vessel B (4.86 tons) with spoke net fishing.

No one shall manufacture, sell or load fishing implements, other than those licensed, permitted, approved or reported under the Fisheries Act, and fishing implements, the use of which is prohibited under the Fishery Resources Management Act.

On December 6, 2017, at around 16:30, the Defendant loaded a 11m decline with a length of 11 meters, which violates the 8m limit in the net length of a new fishing gear installed in the net hole of a new fishing gear, without obtaining a license, permission, approval or reporting from the competent authority, on the Defendant’s new fishing vessel B (4.86 tons) (4.86 tons) around the sea near D in Gyeongnam-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Sovereign, arrest location map, and evidence and photographs;

1. Application of Acts and subordinate statutes to investigation reports (related to fishing permits and ship certificates);

1. Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 of the Act on the Selection of Punishment for Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 68 (1) of the Fishery Resources Management Act;

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

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