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(영문) 전주지방법원 군산지원 2016.05.17 2016고정73
수산업법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 (fishing vessel number C, 9.77 tons, diesel 500 E) at the coast of the west-gun, Chungcheongnam-gun Coast, and is the owner of the D fishing vessel D (fishing vessel number E, 24 tons, diesel 755 E) at the coastal port of loading the same military.

Any person who intends to build or remodel a fishing vessel shall obtain permission from the competent authority as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and any person who intends to operate a coastal fishery business shall obtain permission for each fishing vessel or fishing gear from the competent authority.

Nevertheless, the Defendant:

1. On February 2014, the captain of Seocheon-gun, the head of Seocheon-gun, the head of the Dongcheon-gun, and the head of the Eup/Myeon, using the FRP resin amount without obtaining permission for the number of Seocheon-gun, the captain of the Dongcheon-gun, the captain of the Dongcheon-gun, expanding the length of the parts of the D of the vessel of the above offshore river network fishing vessel by 4.70 meters, thereby changing the length of the vessel on the inspection certificate of the fishing vessel from 22.7m to 26.98m;

2. On September 1, 2015, around 09:20, in the year south of the Masan City Do 2.3 M (in the case of North Korea, 36.02.6 minutes, east 126.8 minutes, east 126.8 minutes) from the south of the year of the Masan City Do Do 2015, a person engaged in a coastal fishing network operation using a coastal fishing network fishing gear without obtaining permission from the military market, and engaged in a coastal fishing operation by using the coastal fishing gear on September 22, 2015, around 20:18, in the same manner at approximately 9.5 nautical miles along the southwest of the Si Gun si-si Do Do 2015, a person engaged in a fishery of catching active extinction 100 km.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the offender's destination, a location map on the sea, a fishery permit, a loading certificate, and a license of a marine engineer;

1. Application of the photographic Acts and subordinate statutes;

1. Article 43, Article 8 (1) of the Fishing Vessels Act, Article 97 (1) 2, and Article 41 (2) of the Act on the Management of Fishing Vessels and Fisheries concerning facts constituting an offense, the selection of fines, respectively;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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