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(영문) 대구지방법원 영덕지원 2019.02.13 2018고단254

수산자원관리법위반

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 8, 2017, the Defendant was sentenced to imprisonment with prison labor for eight months for fraud in the Daegu District Court Port Branch of the Daegu District Court, and the judgment became final and conclusive on November 16, 2017.

Every year for which capture and gathering is prohibited for the propagation and protection of fishery resources.

6.1. through November 30, 198 shall not be captured, and a body length shall not be captured more than 9cm in length, and a female strings shall not be captured.

Nevertheless, the Defendant, as the captain of B (4.99 tons, coastal nets) and the captain of B (4.99 tons) and 615 m3m in total, around October 30, 2018, the Defendant 191ma, 352mix 72mix 615m in total, around 05:13 on the same day, departing from the Gyeongjin-gun, located on the territorial sea of the territorial sea of Gyeongnam-gun-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (191mix, 191mar, 192mar, 352mar, 72mar, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on arrest and release of a person who violates the Fishery Resources Management Act, and a written confirmation of discharge;

1. A copy of a loading certificate, a copy of a fishery permit, and a fishing vessel inspection certificate;

1. Each photograph;

1. Previous records of judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification during the period of suspension of execution of sentence);

1. Article 64 subparagraph 1 of Article 64, Article 14 (1), (2), and (5) of the Fishery Resources Management Act (elective of fines, including selection of fines) concerning facts constituting a crime and the selection of punishment;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered by taking into account all the factors indicated in the pleadings of the instant case, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime.

The crime of this case results in the degradation of fishery resources and the nature of the crime is not weak, and even if the defendant was punished by a fine for the same kind of crime in 2017, the crime of this case results from a separate crime.