beta
(영문) 춘천지방법원 강릉지원 2013.10.16 2013고정320

수산자원관리법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in fisheries as an owner C (a ship, 5.3 tons, coastal net) and also a captain holding a concurrent office.

No one shall manufacture, sell or load fishing implements other than those licensed, permitted, approved or reported, and the fishing implements prohibited from being used.

Nevertheless, the Defendant, at around 09:00 on April 30, 2013, 201: (a) was simply loaded and stored a double or multi-layereded 25 joint-nets (three double-line nets) on decks anchored at the boundaries of the port of a port at Samdo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs related to the loading of double or multi-layered gill nets;

1. Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 of the Act on the Selection of Punishment for Crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are found to be erroneous by the Defendant. The Defendant was a person who obtained approval for the use of double and multi-layered fishing gear, and the Defendant lost a tag and did not understand it on or around February 29, 2013. The Defendant was able to search for it around April 29, 2013, and the same year.

4.30.Around 30.m., the article was arranged to transport it to a warehouse, and there are extenuating circumstances in the course of committing the crime.