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(영문) 부산지방법원 서부지원 2018.07.18 2018고정365

수산자원관리법위반

Text

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

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

Reasons

Punishment of the crime

On February 27, 2015, the Defendant captured 350 mnives of 1,00,000, which was prohibited from catching at the sea at the bottom of the Yak-gu river located in Gangseo-gu, Busan, Gangseo-gu, Busan, and sold and distributed approximately 21,778mn of 21,778mn to the above C at least 43,56,750mn of 13 times from that time until April 18, 2016, as indicated in the list of crimes in the attached list of crimes.

Accordingly, the defendant sold and distributed fishery resources captured and gathered in violation of orders under the Fishery Resources Management Act or the Fisheries Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. Responses requesting cooperation in investigation affairs;

1. Application of Acts and subordinate statutes on transaction in a trading place and passbook;

1. Article 64 subparagraph 2 of the relevant Act and Article 64 and Article 17 of the Management of Fishery Resources Selection Act [where a person continues to engage in several acts falling under the name of the same crime for a single and continuous period under the same criminal intent and the benefit of legal interest from such damage is the same, all of these acts shall be punished by a single crime (see, e.g., Supreme Court Decisions 2002Do1855, Jul. 26, 2002; 2006Do1252, May 11, 2006).] Article 17 of the Fishery Resources Management Act provides that "no person shall keep or sell fishery resources captured in violation of this Act or orders under the Fisheries Act or products thereof."

Article 64 Subparag. 2 of the Fishery Resources Management Act provides that a person who violates the above provision shall be punished. Since the direct protection of fishery resources is in the social legal interest of efficiently managing fishery resources through the protection, recovery, creation, etc. of fishery resources, the act of violating the above penal provision is committed by selling a snick snick, which has been illegally captured for a certain period under the single and continuous criminal intent.