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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
B is the actual owner of a coastal sea-net fishing vessel C (7.93 tons) and C’s appurtenant vessels (7.93 tons) and the captain of C’s main vessel, who is the complete loading of the west-do Eup, and the Defendant is the captain of C’s appurtenant vessels, and the Defendant and B are the persons engaged in the fishery.
Any person who intends to run any fishery business that uses a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than 10 tons and that falls under the inshore fishery business and coastal fishery business (excluding inshore fishery business and inland sea-water cultivation business) shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.
Nevertheless, on September 13, 2018, the Defendant, in collaboration with B, captured approximately 4.7 nautical miles in the southwest of the southwest of the Gun, Gun-si Do, the end of the Gun-si Gun-based rooftop map, which is not a member of the daily unit of the east coast permitted on September 13, 2018 (35°47.84 east 126°14.72 east east east 126° 14.72 east east east 1) by linking each of the main vessel and its affiliated vessels with C, with a string of the eshore-based fishing gear, and 280 km (2kg g 1
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police as to B;
1. Reporting on the transfer of police officers;
1. Each shipment certificate, each fishing permit certificate, each fishing vessel lease contract, each fishing vessel inspection certificate, each fishing vessel fishery permit certificate, C port data, and C vessel shop information;
1. Application of Acts and subordinate statutes to documentary evidence photographs;
1. Article 97 (1) 2 and Article 41 (2) of the Fisheries Act, Article 30 of the Criminal Act, the selection of fines, and the selection of penalties for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order has reached the crime of this case even though the defendant had been punished several times due to the violation of the Fisheries Act.
In order to promote the sustainable development of fisheries and democratization by efficiently managing fishery resources and waters, the act of conducting fishery activities in an area without permission, such as the crime of this case, is not good in light of the purpose of legislation of the Fisheries Act.
However, the defendant.