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(영문) 인천지방법원 2016.12.02 2016고정2689
수산자원관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 3, 2016, the Defendant was sentenced to imprisonment with prison labor and fines of KRW 5,00,000 for a violation of the Fisheries Act at the Incheon District Court on May 3, 2016, and the said judgment became final and conclusive on September 5, 2016.

Defendant

And C conspiredd to purchase and distribute a key 940 won per mari 1,00 won from the seabed by using diving equipment, such as the compact presses with fishing gear, which is the fishing gear, to purchase and again purchase them in the 1,000 won per Mariri, and keep them in the Bari-type box managed by C.

No one shall possess, distribute, process, keep or sell fishery resources captured or gathered in violation of an order issued under the Fisheries Act or any other products thereof.

Nevertheless, at around 02:00 on May 9, 2015, the Defendant conspired with C in collusion, distributed approximately 3,000 ma of the kidries collected from D to C, and around 02:00 on the 25th day of the same month, approximately 6,000 ma of the kids collected from D at the same place, and distributed approximately 7,000 ma of the kids collected from D to C at the same place at around 02:00 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, F, and C;

1. On-site photographs, photographs of seized articles, and photographs of releasing illegal catches;

1. Previous records of judgment: Criminal records, reply reports, results of case search, and application of Acts and subordinate statutes of one copy of judgment;

1. Article 64 subparagraph 2 of Article 64 and Article 17 of the Fishery Resources Management Act, Article 30 of the Criminal Act, and the selection of fines, respectively, for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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