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(영문) 전주지방법원 정읍지원 2018.10.16 2018고정71
공유수면관리및매립에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the owner and captain of “B (1.21 ton)”, a non-registered fishing vessel.

1. Any person who intends to occupy or use public waters in violation of Acts on the management and reclamation of public waters shall obtain permission from the management agency of public waters;

Nevertheless, on October 25, 2017, the Defendant installed a pole of about 150 cm in height at about 2 meters at the common waters of approximately 100 meters in front of C located in the west-gun of North Korea, which is a public waters management office, and occupied or used public waters by installing approximately 30 cm in height at about 30 cm at the above columns, after having installed a pole of about 30 cm in height at about 30 cm.

2. The owner of a fishing vessel violating the Fishing Vessels Act shall undergo an inspection on the equipment of the fishing vessel by the Minister of Oceans and Fisheries, and shall undergo a temporary navigation inspection when he/she intends to make a temporary navigation before a fishing vessel inspection certificate is issued;

Nevertheless, the Defendant, without undergoing a fishing vessel inspection and a temporary navigation inspection, left from around 10:0 on October 25, 2017, to the point of approximately 300 meters at around 10:05 on the day after leaving the port, where the death of the Defendant, which was collected as the first hand, from the Northwest-gun located in the former Northwest-gun, to the “B (1.21 ton)” which is an unregistered fishing vessel, and used the said vessel for navigation from around 10:05 to around 300 meters on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Nine copies of a documentary evidence produced on the spot;

1. A written statement of the reporter;

1. Application of relevant Acts and subordinate statutes for transfer, such as entry into a register, instruction for confirmation, notification, etc. of civil petition reports (illegal fishing);

1. Article 62 Subparag. 2 of the relevant Act and Article 62 Subparag. 2 of the Act on the Management and Reclamation of Public Waters for the Fact-finding, and Article 8(1)11 of the same Act (the occupation of public waters without permission) and Article 44(1)4 of the Fishing Vessels Act;

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