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(영문) 인천지방법원 2020.01.16 2019고단5504

수산업법위반

Text

Defendants shall be punished by a fine of 1.5 million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A, a person working as the captain of a fishing vessel C, and a person who intends to engage in coastal fishery business, even though having obtained permission from the competent authority for each fishing vessel or fishing gear, Defendant A, without obtaining the said permission from the Incheon Spole-gun’s sea area from October 22, 2018 to the 23th day of the same month.

2. Defendant B committed an act in violation of the Fisheries Act with respect to the Defendant’s business, as described in paragraph (1), as the actual owner of the fishing vessel C, and the Defendant’s employee, as stated in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Statement of D police statement;

1. Application of Acts and subordinate statutes for field photographs, certificates of shipment, copies of fishery permits, copies of licenses for marine officers, and each investigation report;

1. Defendant A who is subject to applicable law on criminal facts: Articles 97 (1) 2 and 41 (2) of the Fisheries Act; Articles 101, 97 (1) 2 and 41 (2) of the Fisheries Act;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are against all the defendants, who are aware of the crime, the fact that there is no record of previous punishment, the fact that it was discovered while transporting the salted fish and there is no profit acquired by the crime of this case, and the punishment as ordered is determined by comprehensively taking into account all the various reasons for sentencing as shown in the argument of this case, including the defendants' age, family relationship, and circumstances after the crime.