beta
(영문) 광주지방법원 해남지원 2018.10.18 2018고단281

수산자원관리법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of a fish farm management line D(4.95 tons) and is a person engaged in Kim Farming business.

No person shall keep or use harmful chemicals for the purpose of cultivating fishery resources or removing foreign substances attached to fishing implements or fishing nets.

Nevertheless, around 08:50 on March 27, 2018, the Defendant used 10 inorganic acids, which are harmful chemicals, for the purpose of removing foreign substances in the Kim-dong Kim-dong, Jindo-gun's high-speed gold 2.8 Emb., Nam-gun's high-speed, Jindo-gun's high-speed 2.8 Emb., the Defendant kept 10 inorganic acids (200 liters) with the remaining 10 inorganic acids.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Notification of the result of inspection of seized articles;

1. Application of Acts and subordinate statutes to photographs at the detection site;

1. Article 64 of the relevant Act concerning facts constituting an offense, Article 64 subparagraph 6 of the Fishery Resources Selection and Management Act and Article 25 (2) of the same Act concerning the selection of punishment, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 68(1) of the Confiscation Fishery Resources Management Act, even though the Defendant had been sentenced to a fine several times due to the same kind of crime, again committed the instant crime.

On the other hand, however, the defendant recognizes all of his mistake and reflects.

There is no history that the defendant has been punished in excess of a fine.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.