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(영문) 대전지방법원 서산지원 2018.05.17 2018고정82
항만법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the captain of the inshore gal net fishing vessel B (89 tons, galan, and galan).

1. No person who violates the Harbor Act shall capture or gather marine animals or plants in a harbor zone or harbor facility, which is an act prescribed by Presidential Decree that is likely to hinder the conservation or use of the harbor, without justifiable grounds;

Nevertheless, on September 1, 2017, the Defendant: (a) around 22:30, the Defendant engaged in the capture of approximately 100 km gh from the boundary line on the sea (FIX36-59.90 N, 126-17.41E) at the sea of 350 meters (FIX36-59.90 N, 126-17.41E) at the port located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

2. Any person who has violated this Act or an order issued under this Act, or is suspected of having violated the preceding Act;

No person in receipt of an order to stop or sail back a vessel issued to the head of the maritime police station shall violate the order.

Nevertheless, the defendant, at around 22:50 on September 1, 2017, from the sea of approximately 350 meters (FIX36-59.90 N, 126-17.41E) on the side of the boundary line of the Seosan-si, Seosan-si, Seosan-si 1) to the same month.

2. From around 00:01 to verify the facts constituting the crime of the above “A” by approximately 2.5 nautical miles from the Northwest of Taean-gun, Taean-gun, Taean-gun, the P-61 of the security vessel P-61 of the P-61 of the P-61 of the Police Station in P-si, P-Sa (broadcasting devices, water equipments, sirens, whistles, etc.) was escaped.

3. No person engaged in fisheries in violation of the Fishery Resources Management Act shall conduct fisheries in an area in which the Minister of Oceans and Fisheries prohibits the operation of inshore fisheries determined for the propagation and protection of fishery resources (within 11 km from the land);

Nevertheless, the Defendant, like the facts of the crime in paragraph (1), performed the operation in the area where the inshore fisheries is prohibited.

Summary of Evidence

1. A protocol concerning the interrogation of suspect C by the police;

1. Reporting on the arrest of a case;

1. A statement of the detection;

1. Detailed rules on the operation of the facilities of the ports in the major harbor, and a zone where the operation of the inshore rout net is prohibited;

1. The investigation report (the video and the video).

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