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(영문) 부산지방법원 2015.06.17 2015고정551
수산업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the owner and captain of the Jinhae-gu Coastal Multimodal Ships C (0.87 tons, Solin 75 EFRP ships, fishing vessel number: D) at the time of Jinnam-si, the defendant is the owner and captain.

Any person who intends to operate a coastal fishery business shall do so only in the permitted sea areas, with permission from the Mayor/Do Governor, for each fishing vessel or fishing gear.

Although the Defendant obtained a permit for coastal complex fishery from the head of the Chang-si, Jin-si, the head of the Gu with respect to C and carried out the operation only in the Gyeongnam-do sea area, the Defendant, at around 22:40 on October 6, 2014, captured three maths by using and operating a coastal complex fishing gear with C and a coastal complex fishing gear without obtaining a permit for the fishing of the Busan Metropolitan City market at the 0.4mam (35-02.128N, 128-48.17E) on the 0.4m (35-02.128N, 128-48.17E)

Summary of Evidence

1. Partial statement of the defendant;

1. The examination note, arrest position map, evidence photograph, record of violation, fishery permit copy, Busan-Seoul maritime boundary and operation area also one copy, Internet map, questioning reply [the defendant does not have any legal basis to regard the sea area under the jurisdiction of Busan Metropolitan City, and there was no other indication of the sea area in front of the virtue-do, which is the control point. The defendant's argument is not accepted since the above evidence, such as Busan-Seoul maritime boundary and operation area, which was submitted by the prosecutor on the third trial date, clearly shows that the sea area under the jurisdiction of Busan Metropolitan City, which was under the control of the defendant was under the jurisdiction of Busan Metropolitan City, and there was no justifiable ground to believe that the defendant was not aware of the sea area under the jurisdiction solely on the grounds alleged by the defendant.]

1. Article 97(1)2 and Article 41(2) of the former Fisheries Act (amended by Act No. 12823, Oct. 15, 2014); the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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