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(영문) 광주지방법원 해남지원 2013.05.22 2013고정50

수산자원관리법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall keep or use toxic chemicals prescribed by the Toxic Chemicals Control Act for the purpose of cultivating fishery resources or removing foreign substances attached to fishing gear or fishing net.

Nevertheless, at around 21:00 on November 3, 2012, the Defendant kept approximately 4,000 liter (20 liter x 200 liter x 200 liter) hazardous chemicals for the purpose of removing foreign substances attached to the Kim-type in front of the Jin-gun, Jindo-gun, Jin-gun, Godong-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Second police suspect interrogation protocol regarding B;

1. Information on inspection of chemicals, etc.;

1. Statement on the analysis of ingredients (chlorate, OCI);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of voluntarily produced articles;

1. Article 64 subparagraph 5 of Article 64 and Article 25 (2) of the Fishery Resources Management Act, which prescribes the applicable law to facts constituting an offense and the choice of punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.