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(영문) 광주지방법원 목포지원 2018.11.09 2018고단589
수산업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of a fishing vessel B (0.5 tons and 250 Earbs of a vessel) who is engaged in fishery as the captain of a fishing vessel.

Any person who intends to run a fishery business falling under the coastal fishery, which uses a power-driven fishing vessel of less than 10 gross tons, shall obtain permission for each fishing vessel or fishing gear from the competent authority.

Nevertheless, around 06:30 on June 19, 2018, the Defendant operated fisheries using a coastal improvement veget for the coast without obtaining permission from the 1.4 Eth of the west-do, west-do, the Northwest-do, the Northwest-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of the evidence of crackdown on illegal fishing and the Acts and subordinate statutes governing GPS photographs;

1. Relevant legal provisions and Articles 97 (1) 2 and 41 (2) of the Fisheries Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Although the reason for sentencing under Article 100 (1) of the Fisheries Act was the criminal records for which the defendant was sentenced five times to a fine for the same kind of crime, the defendant was committed at the time of committing the crime, and the defendant was divided, and again, he did not commit such crime.

The sentence shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments in this case, such as the fact that the defendant's age, sex, environment, etc. is different.

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