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(영문) 광주지방법원 목포지원 2017.10.17 2017고정367
수산업법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual owner of B (9.7 ton) (9.77 ton), a fishing vessel for coastal fishing at the Young Military Coast Guard.

1. Although fishermen violating the law of fisheries have to install signs on fishing vessels, the Defendant operated the said vessels on the sea near the mar bank located in the Simho-gun, Namnam-gun, Namnam-gun, Namnam-gun, and at around 21:50 on February 26, 2017, without installing a fishing vessel sign.

2. Any person violating the Fishery Resources Management Act shall not carry fishing gear, other than permitted fishing gear, but the Defendant, at the time and place specified in paragraph 1, loaded one mold of fishing gear with no permission, on the vessel.

Summary of Evidence

1. Statement by the defendant in court;

1. Instructions to confirm timbering and civil petition reports (illegal fishing);

1. Application of the laws and regulations of the comprehensive system for ship entry and departure management;

1. Relevant Article of the Fisheries Act concerning facts constituting an offense, subparagraph 4 of Article 99, Article 69 (1) of the Fisheries Act (the point of operating a ship without the sign of a fishing vessel), Articles 65 subparagraph 6 and 24 of the Fishery Resources Management Act (the point of loading specific fishing gear), and selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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