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(영문) 대구지방법원 영덕지원 2016.05.25 2016고정19
수산자원관리법위반
Text

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

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

Reasons

Punishment of the crime

The defendant living in Yong-gun B and engages in fishing vessel as captain and captain of C (2.99 tons).

Although the Defendant was prohibited from capturing the body length of less than 9cm for the propagation and protection of fishery resources, on March 21, 2015, the Defendant captured the body length of less than 102 m/ below 9cm in the sea near the port of 1st, 2015, 07:50 on March 21, 2015.

Summary of Evidence

Article 65 Subparag. 1 and 14 of the former Fishery Resources Management Act (amended by Act No. 13270, Mar. 27, 2015) of the Defendant’s statutory statement, criminal report, confirmation of the completion of release of a criminal catch, enforcement history, and enforcement history, shall be determined in consideration of all the circumstances, including the following: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Procedure Act (amended by Act No. 13270, Mar. 27, 2015) of the Act on the Provisional Payment Order under Article 70(1) of the Criminal Procedure Act (amended by Act No. 1334(1) of the Criminal Procedure Act (amended by Act No. 13270, Mar. 27, 2015); (b) the Defendant’s illegal fishery products were released to the effect that the number of fishery products illegally captured is relatively larger; (c) the Defendant’s age, sex, motive, means and consequence of the crime.

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