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(영문) 대전지방법원 홍성지원 2018.12.14 2018고정98
수산자원관리법위반
Text

A fine of two million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

The Defendant is the captain of a vessel B (9.77 tons, diesel 497 preparation, FRP fishing vessel number: C, Seocheon-gun Coast D, Coastal View E) to improve the cost of loading in the west-gun Coastal Sea, and the captain of a vessel C, Seocheon-gun Coastal Sea D, and Coastal View E).

No person shall manufacture, sell or load fishing implements, other than the fishing implements licensed, permitted, approved or reported under Articles 8, 41, 42, 45 and 47 of the Act, and fishing implements, the use of which is prohibited under this Act, and remodel vessels or install facilities for purposes of using such fishing implements.

Nevertheless, on March 7, 2018, the Defendant loaded one copy of a coastal improvement network fishing gear with approximately 10 meters of a specific network of 10 meters, which is prohibited from use (excluding the use of water 25 meters or less) on the coastal improvement network for the purpose of fishing at sea at approximately 8.35 nautical miles (North Korea’s latitude 36.07.5 minutes, east 126.8 minutes, east 126.7 minutes, east 174-8 minutes).

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note, location map, and evidence photograph;

1. Application of Acts and subordinate statutes concerning police seizure records and security guards;

1. Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 of the same Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 68 (1) of the Fishery Resources Confiscation Management Act;

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

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