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(영문) 부산지방법원 2014.12.18 2014고단6163

수산자원관리법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a poisonous substance business operator who has registered a poisonous substance sales business on October 25, 2006, operating the "E" as a salt sales business operator in Gangseo-gu Busan Metropolitan Government D, and registered a poisonous substance sales business.

1. Where a poisonous substance business operator who violates the Toxic Chemicals Control Act intends to sell manufactured poisonous substances by dividing them into small quantities, he/she shall affix a mark of the relevant poisonous substance on the container or packing thereof;

Nevertheless, in order to sell salt, which is a toxic substance purchased from F, in the middle of February 2014, the Defendant was placed in the plastic box of 20 liter capacity and did not mark the toxic substance on the container.

2. No person who violates the Fishery Resources Management Act shall keep or use toxic chemicals for the purpose of cultivating fishery resources, removing foreign substances attached to fishing implements or fishing nets;

Nevertheless, the defendant from February 2014 to the same year.

3. From the first patrolman, he sold 1,00 liter each of the 1,00 literic acid to M and N, while keeping in custody, G, H, I, J, K, and L with a view to selling it to the operator of the above Kim Farming ground from the above E, and sold 60 liter each of the 600 liter in salt acid to M and N, and O used 800 liter (total 8,000 liter) for the purpose of removing foreign substances from the fish farm net in which the operator of the above Kim Farming ground was salted.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on P, G, N, M, H, I, J,O, K, or L;

1. Statement made by the police to Q Q;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 64 subparagraph 5 of Article 64, Article 25 (2) of the Fishery Resources Management Act, subparagraph 4 of Article 61 of the Toxic Chemicals Control Act, and Article 29 (1) of the same Act concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. Although there are records of criminal acts of the same kind under Article 62(1) of the Criminal Act, it is difficult to provide family services and reflect in depth.