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(영문) 대전지방법원 홍성지원 2013.05.08 2013고정126

수산자원관리법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a captain of a diving fishing vessel B without permission ( approximately 3.0 tons, rushed 250 maws x 2, FRP, and without registration).

On June 27, 2012, around 18:30 on June 27, 2012, no one may manufacture, sell or load fishing gear, other than fishing gear permitted, permitted, approved, or reported under the Fisheries Act, and fishing gear, the Defendant loaded diving fishing gear, all of which, for the purpose of fishing without obtaining permission from an administrative agency, at approximately 9 nautical miles from the northwest Sea of the Round Map of Sinsan-si, Gun, Sinsan-si (the 36.13.0 minutes North latitude, the 126.21.6 minutes East longitude, and 174-6 Seas), for the purpose of fishing.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. The list of seizure;

1. The location map for arrest;

1. Application of each statute of examination of evidence;

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

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

1. In light of the fact that the defendant, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant crime, even though he/she had been punished by a fine for the same type of crime four times in the last five years, he/she has committed the instant crime, etc., the defendant should be punished strictly. However, the defendant is making the sale of ship and again not to violate the law, and the defendant appears to be against the defendant while making a confession of the instant crime, considering the fact that he/she appears to be against the defendant, etc. as an element of sentencing favorable to the defendant, the defendant shall be taken into account as a factor of sentencing. In addition, the defendant's age, character and conduct, and environment, etc. comprehensively takes into account all the conditions