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(영문) 전주지방법원 군산지원 2014.05.20 2014고정160
수산업법위반
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the actual owner and operator of the offshore small inshore vessels C (19 tons) and D (9.7 tons) auxiliary vessels of the same time as the Si's shipment at the time of mountain, and is the master of the above mother vessel.

Defendant

B is the captain of the above attached ship, and between the defendant A and the defendant.

Any person who intends to carry on the fishing boat fishing shall obtain permission for each fishing vessel or fishing gear from the Minister of Oceans and Fisheries.

Nevertheless, from September 11, 2013 to 22:00 the same day, the Defendants captured approximately KRW 15 km equivalent to the market price by using a fishing gear in the form of the fishing right real right real right real on the sea of about four-day in the southwestwestwest and southwest, the 4-day fishing gear in the shape of the fishing right real right real on the sea.

② From around 10:00 on July 10, 100 to 11:20 of the same year, from the 111:0,00 to the 11:20 of the same year, he captured approximately 40 km equivalent to the market price of 80,000 won by throwing and lifting fishing implements in the form of a fishing-line net at the sea of the 1math day of the Y-do north-do,

As a result, the Defendants jointly carried on the unauthorized fishing of the baselines.

Summary of Evidence

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Arrest report, collection of evidence, photograph, ship document (ship certificate and fishery permit certificate), response to a request for confirmation of fact, delivery of data on the request for confirmation of fact, submission of data following a request for fact-finding, response to request for data on the records of perjury, and submission of data on the report of fact-finding;

1. Application of Acts and subordinate statutes on seizure records;

1. Defendants of the relevant legal provisions and the choice of punishment for criminal facts: Articles 97 (1) 2 and 41 (1) of the Fisheries Act and Article 30 of the Criminal Act.

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendant A: Article 100 (1) of the Fisheries Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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