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(영문) 대전지방법원 홍성지원 2015.06.03 2015고단131
수산업법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized pumps-net fishing gear (No. 2) shall be confiscated.

2. The defendant

Reasons

Punishment of the crime

On March 21, 2014, the Defendant was sentenced to a suspended sentence of four months for a violation of the Fisheries Act in the Daejeon District Court Hongsung Branch on March 21, 2014, and the same year.

9.12. The above judgment becomes final and conclusive and is currently under probation.

The defendant is the owner or captain of the Daecheon-si Coast Coast Coast Coast Coastal Improvement Network and Coastal Sea E (7.93 tons).

No person may capture or gather marine animals or plants in any manner other than those of the fisheries under the Fisheries Act or the Fishery Resources Management Act;

1. From November 27, 2014, from around 17:55 to around 07:02 on the day of this day, the Defendant: (a) covered one nautical miles from the northwest of the Yancheon-si breakwater, Yancheon-si, by cutting off the sea-bed by high voltage of sea water and throw off the sea at the sea; and (b) captured approximately 10,100 gins, which inhabit into the sea-bed by towing the above fishing gear at a low speed; and (c) captured 10,00 gins, which live in the sea-bed by towing the fishing gear at a low speed.

2. On November 29, 2014, from around 18:40 to 23:00, the Defendant captured 115 marins that inhabits the seabed in the manner described in the above paragraph (1) by throwing away the pump net fishing gear from approximately 1 nautical miles at the sea from the northwest of the Yan River in Bocheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of examination of the accused;

1. Seizure records;

1. Photographs;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Relevant Articles of the Fisheries Act and Articles 97 (1) 4 and 66 of the same Act concerning the facts constituting an offense;

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

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

1. Article 100 (2) of the Fisheries Act [the defendant shall additionally collect 2.6 million won from the defendant, since he has sold all the dogs captured by him and acquired 2.6 million won (the investigation record No. 417 pages)];

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant’s confession, and the Korean language has taken place between the Defendant and his spouse.

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