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(영문) 춘천지방법원 속초지원 2013.09.11 2013고정84
수산업법위반
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 actual owner and the captain of the Gangwon-do Maritime Complex Fishing Vessel D (9.77 tons, FRP) whose operation area is limited as a day of the coast of Gangwon-do.

Any person who intends to run any fishery business that engages in coastal fishery business, using a powered fishing vessel with a gross tonnage of less than eight tons or a powered fishing vessel with a gross tonnage of more than eight tons, but less than ten tons prescribed by Presidential Decree, in order to engage in safety operation of fishing vessels and coordination in fisheries, shall obtain permission for each fishing vessel or fishing gear from the Mayor

On October 105, 2012, the Defendant, at the time of Samnam-si, on the port of executives at the port of 3:5 on October 105, 2012, engaged in fishing operations at the port of executives at the port of 3:00, engaged in fishing operations at the port of executives at the port of 3:00, and engaged in fishing operation at the port of 5:00 on the port of executives at the port of 10:0,000, at around 23:00 of the same month, engaged in fishing at the port of 25:5 nautical miles at the port of west-do and west-do (37°8:00 North latitude) at the port of Gangwon-do and west-do (36°57 degrees North latitude, 129°50

From around that time to November 07 of the same year, the Defendant, like the list of crimes in attached Form 1, carried out operations without permission of the Do Governor for coastal fishery in the same manner nine times in total, and captured the unclaimed fish in the market.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes 1 through 9 to replys to the request for cooperation in investigation data, and the location of operations permitted D without permission;

1. Relevant Article 97 (1) 2 and Article 41 (2) of the Fisheries Act, the selection of fines, and the selection of penalties for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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