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(영문) 창원지방법원 2019.06.12 2019고정99
수산업법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is also the master of the actual owner of the coast complex fishing vessel B(2.60 tons) in the Jinwon-si, Jinwon-si, Jinwon-si.

Any person who intends to run a fishery business using a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than ten tons shall conduct the fishery business for each fishing vessel or fishing gear after obtaining permission therefor from the Mayor/Do Governor.

Nevertheless, at around 19:59 on March 23, 2018, the Defendant, at approximately 2.7 nautical miles (N 34°58.9 minutes North latitude, N 128°53.0 minutes East longitude, and 99-3 Sea area) at the east of the east-si, Busan Metropolitan City, Gabdo, and 2.7 nautical miles (N 34°58.9 minutes North latitude, east 128°53.0 minutes

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of an offense, arrest and location, and fishing photography;

1. Application of the Acts and subordinate statutes of the Ministry of Oceans and Fisheries to inquiry;

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

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

1. Taking into account the fact that the effectiveness of permission for operation area should be secured pursuant to the Fisheries Act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, the punishment as ordered shall be determined by taking into account the details of the illegal operation of this case, the circumstances after the crime, the age of the defendant, character and conduct, etc.

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