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(영문) 창원지방법원 통영지원 2018.03.12 2017고정439

수산자원관리법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a sea bed fish farm ( through nutrition -C, 0.1 hectares) at the front line of Tong Young-si.

No person shall keep or use harmful chemicals for the purpose of cultivating fishery resources, removing fishing gear, or foreign substances attached to a fishing net, and he/she shall obtain permission for use from the head of the administrative agency or the head of the competent authority to use them, classified as toxic substances under "designation of toxic substances, restricted substances, or prohibited substances" in Article 2017-137 of the Public Notice of the Ministry of Environment.

Nevertheless, the Defendant, on July 21, 2017, uses approximately 10 litresponding around 10:00 litresponding around 10 litresponding around 10 litresponding around the sea be used for the removal of cirresponding around the sea booming fish (FU). From that point, from that point,

8. 5. 15:15 By no later than 15:15, he kept approximately 30 litress in the cultivation site without the permission of the administrative office.

Accordingly, the Defendant used and stored Madar, a harmful chemical, in the aquaculture.

Summary of Evidence

1. Statement by the defendant in court;

1. A person who violates the Fishery Resources Management Act (storage and use of hazardous chemicals) and arrest reports thereon;

1. Photographs obtained in violation of the Fishery Resources Management Act;

1. Investigation report (to ask a public official in charge of telephone to whether to permit the storage of hazardous chemicals);

1. A report on investigation (attached to "toxic substances" in subparagraph 2017-137 of the Public Notice of the Ministry of Environment);

1. Application of statutes on a fishing right exercise contract;

1. Article 64 subparagraph 6 of the relevant Act and Article 25 (2) of the Fishery Resources Selection and Management Act concerning facts constituting an offense;

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

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