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(영문) 창원지방법원 통영지원 2018.03.26 2018고정3
수산업법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the captain of coastal nets B (4.99 tons, diesel 550 Emb, FRP, fishing vessel number: C).

Any person who intends to run any fishery business which uses a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than 10 tons, other than the inshore fishery business and the fishery business under paragraph (3) (hereinafter referred to as "coastal fishery business"), shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.

Nevertheless, the Defendant, at around 07:10 on September 4, 2017, captured three boxes using three coastal combined fishing gear molds without obtaining an annual voltage complex fishery permit from the sea (34-4.4N, 128-26.2E, 98-6) of approximately 1.2 math day of the breakwater (34-4.4N, 128-26.2E, 98-6) at the port of Han-si, Han-si, Han-do.

Accordingly, the defendant captured illegal catches by fishing without permission without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. List and record of seizure;

1. An explanatory note and a location map of arrest;

1. A copy of electronic fishery business license and a copy of a shipment certificate;

1. Application of Acts and subordinate statutes to field photographs and records on the trade of fishery products;

1. Relevant Article 97 (1) 2 of the Fisheries Act and Article 41 (2) of the same Act concerning facts constituting an offense;

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

1. Article 100 (1) of the Fisheries Act;

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

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