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(영문) 창원지방법원 진주지원 2016.02.17 2015고정196
수산업법위반
Text

Defendant

A shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the master of Sacheon Ship E (4.0 tons) fishing vessel E (4.0 tons).

The use of a gas gun is not permitted where a diving fishing vessel is gathered by restricting the size, form, quantity of use, method of use, etc. of fish by type of fishery permitted by the Minister of Oceans and Fisheries, as deemed necessary for the sustainable use of fishery resources and coordination in fisheries.

Defendant

A, around 06:00 on September 23, 2014, from around 06:10 on the same day to around 10:00 of the same day, set a diving unit at the sea of Sacheon-si, Sacheon-dong, Sacheon-si, and collected approximately 400 K g of using a gas gun connected to the deck at around 500 meters from the south-dong, Sacheon-dong, Sacheon-dong, Sacheon-dong, and collected gas sprayers over 17 times from the date of gathering approximately 20 ggs from the date of using the gas gun at the offshore of Sacheon-si, Sacheon-dong, Sacheon-dong, Sacheon-dong, Sacheon-dong, Sacheon-dong, Sacheon-dong, to June 27, 2014.

Summary of Evidence

1. A protocol concerning the examination of suspect against the defendant B;

1. Answer of investigative data;

1. Application of Acts and subordinate statutes to photographs without standing in violation of the Acts and subordinate statutes concerning fisheries;

1. Article 99-2 subparagraph 2 of the Fisheries Act and Article 64-2 (1) of the same Act and the selection of fines for the 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. The portion not guilty under Article 334(1) of the Criminal Procedure Act (Defendant B) of the Provisional Payment Order

1. The summary of the facts charged is the owner of Sacheon Shipping E (4.0 tons) for Sacheon Shipping that employs the Defendant A.

The use of a gas gun is not allowed if a diving fishing vessel is gathered by restricting the size, form, quantity of use, method of use, etc. of a fish farm for each type of fishery permitted by the Minister of Oceans and Fisheries as deemed necessary for the sustainable use of fishery resources and coordination of fisheries.

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