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(영문) 전주지방법원 군산지원 2013.08.19 2013고정413
수산업법위반
Text

Defendant

A shall be punished by a fine of KRW 1,000,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the owner and captain of C(class 5t) who is an unregistered fishing vessel, and the defendant B is the diving of the fishing vessel.

A person who intends to engage in diving fishery shall obtain permission for each fishing vessel or fishing gear from the Minister for Food, Agriculture, Forestry and Fisheries.

Nevertheless, without obtaining a diving fishery permit from the Defendants, at around 18:30 on September 26, 2012, Defendant A operated a compressed machine which generates air by arriving at the sea of about 0.5 mam in the south-do, south-do, 19:30 on the same day, at around 19:30 on the 19:30 on the 19:0 on the 19:0 on the 19:30 on the 19:0 on the 19:30 on the 19:0 on the 19:0 on the 19.20 on the 20th day on the 19:20 on the 20th day on the 20th day of the air heading connected with the compressed machine.

Accordingly, the Defendants jointly run a diving fishery without obtaining permission.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Defendants of the relevant Article on criminal facts and the choice of punishment: Articles 97 (1) 2 and 41 (2) of the Fisheries Act, and Article 30 of the Criminal Act;

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

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

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