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(영문) 광주지방법원 목포지원 2018.01.05 2017고정471
수산업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of a unregistered vessel ( approximately 0.2 tons, 15 EM).

Any person who intends to run a fishery business using a power-driven fishing vessel of less than five gross tons shall obtain permission from the competent authority for each fishing vessel, fishing gear, or facility.

Nevertheless, at around 09:30 on March 16, 2017, the Defendant engaged in fishery by using the above fishing vessel, such as capturing approximately 2 kggg of the coastal composite fishing gear loaded on the fishing vessel, without obtaining permission from the competent authority, at the sea of about 0.3 Eth day from the north-wester at the wharf of the port of North Korea, which is located in the Mapo-si, Sinpo-si, Mapo-si, Mapo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the details and background of seizure, photographs of evidence (fishing vessels, fishing gear, seized articles, etc.);

1. Relevant Article 97 (1) 2 of the Fisheries Act and Article 41 (1) 3 of the same Act (the choice of penalty) concerning facts constituting an offense;

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

1. The main sentence of Article 100 (1) of the Fisheries Act;

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

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