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(영문) 인천지방법원 2015.07.15 2015고단2828
수산업법위반등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 700,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant in violation of the Fisheries Act is the owner and captain of C (7.93 tons).

No one shall capture, gather or cultivate marine animals or plants in any way other than those of fisheries under the Fisheries Act or the Fishery Resources Management Act.

Nevertheless, at around 20:30 on January 13, 2015, the Defendant: (a) installed one roll-line equipment (high pressure pumps and shock-tension equipment) on the neighboring sea of the Incheon Spojin-gun; and (b) captured 40 km (up to 320 cm in length, thickness, 20 cm in diameter) on one hole (up to 320 cm in length) on the line, and captured 50 km in an amount of 400,000,000,000,000 won at the market price by cutting off the sea water from the hole to high voltage through the hole.

As a result, the Defendant captured marine animals and plants by fishing methods other than those under the Fisheries Act or the Fishery Resources Management Act.

2. The owner of a fishing vessel violating the Fishing Vessels Act shall undergo an inspection by the Minister of Oceans and Fisheries on the equipment of the fishing vessel;

Nevertheless, around December 29, 2014, the Defendant left the port of the sea in the area of the Silsan-si and used the above C for navigation or operation without undergoing a fishing vessel inspection until the date, time, place, etc. of the above paragraph (1).

3. A vessel entering or departing from any open port which violates the Public Order in Open Ports Act shall report to the Minister of Oceans and Fisheries;

Nevertheless, on December 29, 2014, the Defendant did not report the entry to the port of the sea located in the area of the Soksan-si, the Soksan-si, the area within the boundaries of the open port.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of detailed vessel information, on-site identification photographs, and C/L photographs;

1. Article 97 (1) 4 (Selection of Imprisonment) of the Fisheries Act, Article 44 (1) 4, Article 21 of the Fishing Vessels Act, Article 46 subparagraph 1 and Article 5 of the Public Order in Open Ports Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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