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(영문) 춘천지방법원 속초지원 2014.08.13 2014고정95
수산업법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is the captain of D(2.17 tons, fishing vessel number: E) who obtained a permit for coastal complex fishery and coastal area fishery from April 12, 2013, a friendly parent C, as of April 12, 2013.

1. No person who violates the Fisheries Act shall actually control the operation of fisheries permitted by another person;

Nevertheless, from April 22, 2013 to April 28, 2014, the Defendant continuously occupied and operated the above D at the inner port, etc. located in the Seocho-dong-dong-dong-dong-dong-dong-dong-si, and captured and disposed of door language, etc. over 159 times as indicated in the attached list of crimes, and acquired the proceeds therefrom by himself/herself, thereby practically controlling the operation of the fishery permitted by the above C.

2. No person who violates the Public Order in Open Ports Act shall fish or install fishing gear, etc. in a place which might obstruct the ship traffic within the boundaries of an open port;

Nevertheless, the Defendant, from around 04:30 on April 28, 2014 to around 06:40 on the same day, was engaged in fishing with 25 door-line fishing gear (so-called “so-called “so-called”) at the sea of 80 meters away from the territorial sea area of the territorial sea located in the Sinsi-dong, Seocho-si from around 04:30 on April 28, 2014, where other fishing vessels, etc. frequently pass through, at least 80 meters away from the territorial sea area of the breakwater, from the territorial sea.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Scenic field identification photograph;

1. D Entry and Departure Detailed Statement (4.28.1.-4.14.28.4.28) and D Entry and Departure Drawings, D Port Entry Data (4.28.28.4.28).

1. Application of Acts and subordinate statutes concerning shipping certificates, fishing vessel inspection certificates and fishery permission certificates;

1. Relevant legal provisions concerning facts constituting an offense and Articles 98 subparagraph 5, 49 (1), 32 (1) of the Fisheries Act (the point of de facto control over fishery management, the selection of fines), subparagraph 2 of Article 46 of the Public Order in Open Ports Act, and Article 37 of the same Act;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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