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(영문) 춘천지방법원 속초지원 2013.09.11 2013고정77
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 captain of the coast complex fishing vessel C (9.77 tons) in Gangwon-do and is engaged in fisheries.

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 more 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.

The above fishing vessel is not allowed to conduct fishing operations in the sea area of the Gyeong-do Coast Guard beyond the boundary of Gangwon-do (37.08 minutes North latitude) with the permission for the coastal fishery of which the fishing area is limited to the fishing area from the Seocho-do Coast Guard in Gangwon-do.

Nevertheless, at around 14:00 on October 12, 2012, the Defendant, at the port of death of the Jinjin-gun, carried out fishing at three seafarers and at the port of the Ginjin-gun, Eastern-si, and captured the unclaimed fish at the market price by setting up the fishing at the port of the 17 nautical miles (76-5 east 36.49 east 129.40 east east 129.40 east east east east-do, the 13th day of the same month.

In addition, between October 19, 2012 and November 22, 2012, the Defendant, as indicated in the list of crimes, engaged in fishing without permission from the Do Governor in the same manner over 10 times in total and 11 times in the same manner as indicated in the list of crimes committed in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Responses to request for cooperation in investigation data, materials indicating the location of operation without C permission, and the application of Acts and subordinate statutes to inquiries into entry and departure ports (C);

1. Article 97 (1) 2 and Article 41 (1) of the Fisheries Act, the selection of fines, and the selection of penalties for criminal facts;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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