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(영문) 대전지방법원 홍성지원 2013.05.28 2013고정155
수산자원관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the captain of Boan Coastal Sea C (4.91 tons, diesel 238 E, FRP, fishing vessel number: D and Y Coastal Sea Fishery Permission E).

No one shall manufacture, sell or load fishing implements other than the fishing implements licensed, permitted, approved or reported by administrative agencies, and fishing implements prohibited from using.

Nevertheless, at around 09:40 on October 13, 2012, the Defendant loaded 15 widths of double or more self-net fishing gear for the purpose of fishing without obtaining approval from an administrative authority at approximately 2 nautical miless from north 2 miles (N 36° 00.6 minutes north east, N 126° 14.8 minutes east, N 174-8).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the offender report, evidence photograph, statement of control, and record of violation;

1. Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 of the same Act concerning criminal facts;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) appears to have recognized all of the criminal facts of this case and reflected in depth. The defendant was discovered without using the fishing gear of this case and failed to obtain any catch due to the crime of this case. The defendant, as a class 3 disabled person with brain color 3, lives only with the government subsidies, shall be reduced in part by comprehensively taking into account all the sentencing conditions in the records and arguments of this case, and the defendant shall be sentenced to the punishment of the defendant like the order.

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