beta
(영문) 대전지방법원 서산지원 2014.11.20 2014고정114

수산업법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

Defendant

A is an unauthorized owner and captain of Skinscoo C, and the defendant B and D, and E are divings using Skinscoo C in an unauthorized Scoo fishing vessel.

No one shall catch, gather or cultivate marine animals and plants in any manner other than the fishery business under the Fisheries Act or the Fishery Resources Management Act.

Nevertheless, at around 13:46 August 25, 2013, Defendants, D, and E captured approximately 40 km using Skinscoo equipment, a fishing method other than the current law, at approximately 0.3 nautical miles (N 36.35.7 east 126.2 east 126.2 east 164-8 east east 164) in the east west-gun, west-gun, west-gun, west-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendants’ legal statement

1. Each police suspect interrogation protocol of D or E;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 97(1)4 and Article 66 of the Fisheries Act, Article 30 of the Criminal Act, and the choice of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants: Article 100 (1) of the Fisheries Act;

1. Defendants of the provisional payment order: The Defendants, who were subject to Article 334(1) of the Criminal Procedure Act, committed the second offense even though they had been punished for the same offense (Defendant A: once the same kind of fine is imposed, Defendant B: five times the same kind of fine), and all the sentencing conditions specified in the records and arguments, including equity with accomplices, shall be determined by taking into account all the sentencing conditions specified in the records and arguments of the case.