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(영문) 전주지방법원 군산지원 2016.06.22 2016고정75
수산업법위반
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

[2016 High 75] The Defendant is a person engaged in fisheries as the captain of the B(7.93 tons) fishing boat B(7.93 tons) at the coast of Chungcheongnam-gun, Chungcheongnam-gun.

Any person who intends to run a coastal sea network fishery shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.

Nevertheless, on August 24, 2015, from around 10:00 to around 12:10 of the same day, the Defendant, without obtaining permission from the Si of Gunsan (the foregoing) and, on the sea of approximately 6.4 Eth (6.4) from around 10:00 to around 12:10,000, captured approximately 30 km of the market price by using the method of throwing and net net fishing gear of the above B, the area of fishing license is limited to KRW 120,000,000,000,000 won, and captured KRW 50 km of the destroyed area, which was permitted on September 22, 2015.

[2016 High 74] The Defendant was the captain of the ship B (7.93 tons) fishing vessel B (7.93 tons) fishing vessel at the coast of Seocheon-gun, Seocheon-gun, Seocheon-gun, and obtained a coastal sea network permit from the number of Seocheon-gun. On August 26, 2015, the Defendant refused to comply with the order of the supervisor of the fishing operation of Jeollabuk-do in the E (F) Sinsan-si, Gun, Gun, Chungcheongnam-do, for the Cheongnam-do sea area, and was arrested to the supervisor of the fishery operation on board the ship I of the west-do, Jeonnam-do, where the attack was going into the Cheongnam-do Sea (H).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Written Statement;

1. An explanatory note, a location map, and a report on the offender's destination;

1. Photographss, evidence photographs, and arrest photographs of the ship without the scene of detection;

1. Application of statutes to a copy of a fishery permit or a copy of a shipment certificate;

1. Relevant legal provisions for facts constituting an offense, Articles 97(1)2 and 41(2) of the Fisheries Act (unauthorized fishing), Articles 99 Subparag. 5 and 72(1) (a) of the Act on the Management of Fisheries, the selection of fines for each offense;

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. Articles 70 and 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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