beta
(영문) 인천지방법원 2016.11.25 2016고정3247

수산자원관리법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who sells fishing gear, such as nets, under the trade name “D” in Jung-gu Incheon Metropolitan City.

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

Nevertheless, on September 8, 2016, at around 11:00 on September 8, 2016, the Defendant displayed three luxurgs (50,000 won per piece of 1.2 meters in width, 40 meters in length) that he purchased and directly produced the original body at the place of business “D” business.

As a result, the Defendant produced and loaded a three-way net, which is an illegal fishing gear, the use of which is prohibited.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

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

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (Article 59(1) of the Criminal Act provides that no criminal defendant has been subject to criminal punishment prior to the death of his/her spouse, and that person’s mistake is against his/her current mistake, and that person is repenting. The Defendant was committed in the course of continuing the fishery net sales business operated by his/her spouse after the death of his/her spouse, and it is unlikely that the above fishery net sales business will be suspended in the future, and the same type of crime may be repeated. In addition