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(영문) 대구지방법원 포항지원 2019.02.13 2018고정377

수산자원관리법위반

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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant is not a fishery personnel in a non-permanent position.

No person, other than a fisher, shall capture and gather fishery resources, except for the methods prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as a divers, foot, and line fishing.

Nevertheless, at around 08:30 on September 18, 2018, the Defendant captured fishery resources by means other than those prescribed by Ordinance of the Ministry of Oceans and Fisheries, such as capturing one marin in front of the market price, five marin in a hole, etc., living on the sea, using diving equipment at an area 0.6 nautical miles (N 36.4.2 east 129.2 east 129.5 east 81-9 east east east east east east east east east east east east east east east east east east east east east east east east, east 129.5 east east east east 129.2 east east east

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (with regard to situations of control);

1. Article 65 subparagraph 2 of the Fishery Resources Management Act and Article 18 of the same Act concerning criminal facts;

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

1. Article 68 (1) of the Fishery Resources Management Act;

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