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(영문) 춘천지방법원 속초지원 2013.09.11 2013고정106
수산업법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner and captain of C (6.67 tons) which is a high-class coast complex fishing vessel in Gangwon-do and is engaged in fishery as the captain.

Any person who intends to run any fishery business falling under the coastal fishery business with a powered fishing vessel with a gross tonnage of less than eight tons or a powered fishing vessel with a gross tonnage of not less than eight tons but less than ten tons prescribed by Presidential Decree for safe operation of fishing vessels and coordination of fisheries shall obtain permission for each fishing vessel or fishing gear from the Mayor/Do Governor.

(1) Although the above fishing vessel does not have a coastal fishery permit which is beyond the boundaries of Gangwon-do (37.08 minutes north latitude) and is able to conduct fishing at the Gyeongwon-do coast, the Defendant: (1) on October 08, 2012, at the executive port of Samwon-si, Samwon-si, Samwon-si, three crew members of the above fishing vessel; (2) on the port of Samwon-do, at around 23:00, at around 20:3 7:6:40 east-do, 76 east-do, 30 east-do; (3) on the 20 nautical miles north-do, 5 east-do; (4) on the 20 east-do, 30 east-do, 76 east-do; (4) on the 1990 east-do, 129 east-do 47 east-do; and (3) on the 10 east-do 10 20 east-3 east.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of investigation data, and application of the statutes concerning the location data for operations without C permission;

1. Article 97 (1) 2 of the Fisheries Act and Article 41 of the same Act concerning the applicable law and the selection of punishment for the crimes;

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