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(영문) 광주지방법원 목포지원 2014.08.08 2014고정334
낚시관리및육성법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the captain of B (coastal, 1.67 tons, 1.67 tons).

Anyone who intends to operate a fishing vessel business shall prepare a report on the fishing vessel business concerning the matters prescribed by Presidential Decree, such as the subject, size, age and facilities of the fishing vessel and the name of the fishing vessel and report thereon to the head of a Si/Gun/Gu having jurisdiction over the port of registry of the relevant fishing vessel.

Nevertheless, at around 08:00 on October 19, 2013, the Defendant, without obtaining permission for the fishing vessel business, served as the fishing vessel business with three fishing passengers in B from the arrival of the vessel in the South-west Industrial Complex (Fix 34-43.53N, 126-23.07E) in the South-west-gun, Young-gun, Young-gun, Samnam-gun, Samho-gun, a total of KRW 90,00 per person in return for the transfer to C (Fix 34-43.67N, 126-2.7E) at approximately 0.3 sea (Fix 34-43.67N, 126-2.7E) prior to the arrival of the vessel.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as documentary evidence, photograph, and certificate of shipment;

1. Relevant legal provisions and Articles 53(2)4 and the former part of Article 25(1) of the Act on the Management and Promotion of elective Fishing and Punishment for Criminal Facts, and the selection of fines (in compliance with the above, partial reduction of fines, considering the fact that permission for fishing vessel business is granted to C, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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