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(영문) 광주지방법원 순천지원 2016.06.22 2016고정151
수산업법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the owner and captain of a unregistered vessel (4.76 tons, FRP, hereinafter referred to as “unregistered vessel”).

Any person who intends to run a fishery business using a 10 gross tonnage or more or a powered fishing vessel with a gross tonnage of less than 10 tons as prescribed by Presidential Decree as particularly necessary to protect fishery resources and coordinate fisheries shall obtain permission from the Minister of Maritime Affairs and Fisheries for each fishing vessel or fishing gear. Nevertheless, on September 21, 2015, the Defendant: (a) released the vessel from the interim wharf of a pottery embankment in the direction of every in Gyeonggi-do at the time of emulation of Gyeonggi-do on September 21, 2015; (b) captured the 160 KKg, which is a sed fishery animal and plant through diving fishing by the Minister of Maritime Affairs (Fix37-07-31N, 126-31.39E) at around 20:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection and release of illegal diving machines;

1. Application of Acts and subordinate statutes to documentary evidence and photographs;

1. Relevant Article 97 (1) 2 and Article 41 (1) of the Fisheries 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. 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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