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(영문) 전주지방법원군산지원 2020.09.22 2020고정183
어선법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the master who is also the owner of a unregistered fishing vessel (tentative name: B and approximately 0.5 tons).

1. No person who violates the Fishing Vessels Act (use of unregistered fishing vessels) shall use a fishing vessel for which no registration is made;

Nevertheless, the Defendant, on February 11, 2020, boarded the above unregistered fishing vessel without registration with the head of the local government having jurisdiction over the port of registry, used the above unregistered fishing vessel as its captain, from around 07:00 to around 08:50 on February 11, 2020, at approximately 3.5 nautical miles southwest-do, Seocheon-gun, Seocheon-gun, Seocheon-do, Seocheon-do, Seocheon-do (35.58 degrees North latitude, 126.32 minutes East longitude), and used the above unregistered fishing vessel as its fishing

2. The owner of a fishing vessel violating the Fishing Vessels Act (use of a fishing vessel not inspected) shall, when he/she uses the fishing vessel for navigation or fishing operation, undergo an inspection by the Minister of Oceans and Fisheries on its equipment;

Nevertheless, the Defendant used the aforementioned unregistered fishing vessel for navigation without undergoing a fishing vessel inspection, such as the above paragraph (a).

3. No one shall manufacture, sell or load fishing implements, other than those licensed, permitted, approved or reported under the Fisheries Act, or fishing implements, the use of which is prohibited as prescribed by the Fishery Resources Management Act;

Nevertheless, the Defendant, like the above “A”, loaded one straw-net fishing gear, which is a fishing gear not permitted in B of the above unregistered fishing vessel.

Summary of Evidence

1. The application of the police interrogation protocol to the accused in relation to the statement in the police interrogation protocol against the accused in the court room, the offense arrest report (the violation of the Fishing Vessels Act, the Fishery Resources Management Act), investigation report (the confirmation of the matters permitted for fishing vessel registration and fishery), investigation report (the confirmation of the matters required for fishing vessel registration) and the

1. Article 43 subparagraph 2 of the Fishing Vessels Act, Article 13 (2) of the same Act concerning facts constituting an offense, and Article 44 of the same Act concerning the selection of punishment (the use of unregistered fishing vessels and the selection of fines);

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