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(영문) 대전지방법원홍성지원 2020.12.22 2020고정139

수산자원관리법위반

Text

The sentence against the accused shall be three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No one shall manufacture, sell or load fishing implements, other than fishing implements licensed, permitted, approved or reported, and fishing implements, the use of which is prohibited under the Fishery Resources Management Act.

On April 24, 2019, from around 20:00 to 22:40 of the same day, the Defendant, in collusion with B, C, and D, loaded scood equipment, such as two air transits, pulmonary instruments, one, Schlage, and C, which were illegal fishing gear, which was licensed, permitted, or not reported at the sea in front of the Northwest-gun of the Northwest-do Island, into E.

Summary of Evidence

1. The Defendant’s partial statement C, B, and D evidence seized of each police interrogation protocol of the Defendant [the captain stated to the effect that “the captain loaded illegal fishing gear as indicated in its reasoning in the police investigation,” repeated crimes similar to two times around the time of the instant case, and did not request formal trial against the summary order on the part of the Defendant, as alleged by the Defendant, and if the Defendant was a legitimate one, the Defendant did not engage in the same act at the latest night, and was punished by a fine on several occasions. The Defendant was well aware of the relevant provisions (if he did not know that the act of loading illegal diving equipment itself was prohibited, it is reasonable to deem that the Defendant was guilty of the instant crime]. In full view of various facts, such as the fact that C was aware of the illegality of the instant crime.

1. Article 65 Subparag. 6 and Article 24 of the former Fishery Resources Management Act (amended by Act No. 17106, Mar. 24, 2020); Article 30 of the Criminal Act; and Article 30 of the Criminal Act’s selection of fines for criminal facts

1. Articles 70 (1) 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;