logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2012.07.27 2012고정160
수산업법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the captain of the inshore-type offshore network C (12t, diesel 618 E, FRP, fishing vessel number D, permitted west-gun offshore network E).

1. A person who intends to run an inshore net fishery business in violation of an order issued to operate a fishing zone shall not operate the fishery business in violation of the restriction or prohibition of the operating zone for inshore fishery business among orders issued to coordinate fisheries, etc. under the Fisheries Act, and the fishery business zone issued by a fishery permit of the accused shall be limited to Incheon, Gyeonggi, and Chungcheong Sea

Nevertheless, on January 18, 201, from around 14:56 to 16:20 the same day, the Defendant operated the above C on the sea of approximately 4.2 miles (36°0.60 east 126°24.50 east 1,000 east 1,000 east 1,000 east 1,000 east 24.50 east east 1) from the south of the Gun-si apartment map year beyond the permitted operational zone, and carried out operations, such as capturing the shellfish by releasing and

As a result, the Defendant violated the order for the operation area of inshore fisheries.

2. Although the Defendant, in violation of the vessel order, immediately complied with the vessel order issued by the public official supervising fishery business for the prevention of illegal fishing, etc., the Defendant, at the above time and place, ordered the Defendant to notify the Defendant of the violation of the vessel order and immediately set the vessel order, but the Defendant continued to operate the vessel C for about one hour and 20 minutes, without any justifiable reason, and failed to comply with the vessel order.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to each evidence photograph, criminal report, control note, arrest location;

1. Article 98 subparagraph 8 of the relevant Act and Article 61 (1) 2 of the Fisheries Act (the fact that an order for operation area is violated), subparagraph 5 of Article 99 and Article 72 (1) of the Fisheries Act (the fact that an order for operation area is violated), the selection of each fine for a crime;

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

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

1. The order of provisional payment;

arrow