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(영문) 광주지방법원 목포지원 2017.02.13 2016고정79
수산자원관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant shall not keep or use any harmful chemical substance for the purpose of cultivating fishery resources or removing foreign substances attached to fishing gear or fishing nets, as the captain or captain of C ( military fishing china fishery D, fishing vessel E, 9.7 tons, FRP, diesel 355 E).

Nevertheless, around 07:00 on March 20, 2015, the Defendant loaded and stored approximately 20 liters of inorganic acid in C in order to transport approximately 498 copies to the Kim Gon.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to a report on the offender's place, an explanatory report, arrest location map, evidentiary photographs, copy of a fishery permit, and copy of a shipment certificate

1. Articles 64 subparagraph 6 and 25 (2) of the Act applicable to criminal facts, the selection of fishery resources subject to the punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 68 (1) of the Fishery Resources Confiscation Management Act;

1. The defense counsel's assertion of defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order asserts that the defendant's act constitutes transport and does not constitute custody.

However, according to the above evidence, the defendant was found to have been exposed to around 7:00 while waiting for the phone of a fishery person who will leave the 6:30th of the day of the instant case and deliver the above salt acid after he loaded the 6:00 mar acid on the ship. In light of the above shipping place, control place, time, etc., the defendant may be found to have kept salt acid on the ship.

Therefore, the defense counsel's assertion is not accepted.

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