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(영문) 수원지방법원 2017.04.20 2017고정340
수산업법위반
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

Any person who intends to engage in diving fishery shall obtain permission for each fishing vessel or fishing gear from the Minister of Maritime Affairs and Fisheries.

Nevertheless, the Defendant, without permission, conspired with B and C on October 10, 2016, from around 18:00 to around 04:00 on October 11, 2016, operated approximately 1 nautical miles from the north-dong bank of the North Korean Postal Eup, and B, from the unauthorized fishing vessel D (4.76 tons). The Defendant and C collected 1,725 mal from the sea by wearing diving equipment connected to the above D and diving, and collecting 1,725 mal from the sea to the same place and in the same manner from around 19:00 on October 12, 2016 to October 50, 2016.

Accordingly, the Defendant, in collusion with B and C, engaged in unauthorized diving fishery.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Reporting on the results of measures taken to send emergency patients to emergency patients and take measures to take measures to transfer illegal fishing vessels (locked vessels), official documents (the original register of D fishing vessels and certificates of shipment, approval of test fishery and related official documents), investigation reports (D on-site verification photographs), investigation reports (verification of the operational conditions of permitted diving fishing vessels);

1. Application of Acts and subordinate statutes to photographs related to the unauthorized diving fishery, and to photographs related to the unauthorized diving fishery;

1. Article 97 (1) 2 and Article 41 (1) of the Fisheries Act, Article 30 of the Criminal Act, and the selection of fines for criminal facts;

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

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

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