logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2017.08.09 2017고단590
수산자원관리법위반
Text

Defendant

A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the owner or captain of the ship D (2.43 tons) of the ship of Gangnam-gu Yung-si, and the defendant B is a person who finds a field-based port in order to purchase female bracks from A.

1. In order to propagate and protect fishery resources, no person who is a defendant A shall capture and gather females of less than 9cm in body and booms of less than 9cm in body;

Nevertheless, on March 26, 2017, the Defendant entered the port of Gangseo-gu, 09:30 on the same day, and arrived at approximately 6 nautical miles in the east-gu, 09:30 on the 5th of the same month, and captured 25 mari and 189 mari of the body 9cm and 189 mari of the body, by operating it by means of a two-way net of 10 nautical miles in the east-gu, 09:30 on the same day.

2. No one shall possess, distribute, process, keep or sell fishery resources captured and gathered in violation of an order under the Fishery Resources Management Act or Fisheries Act or products thereof;

Nevertheless, on March 26, 2017, the Defendant purchased the female of 41 20,000,000,000 won for 20,000,000,000,000,000,000,000,000,000 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of a loading certificate, a copy of a fishing permit, and detailed information on the entry into and departure from D ships;

1. Application of Acts and subordinate statutes to photographs of pages and sea outflows related to the violation of each fishery resources management Act;

1. Article 64 subparagraph 1 of the Fishery Resources Management Act and Article 14 (1) of the Fishery Resources Management Act - The occupation of capture of female females as indicated in the holding: Articles 64 subparagraph 1 and 14 (2) Item B of the Fishery Resources Management Act - Articles 64 subparagraph 2 and 17 of the Fishery Resources Management Act;

1. Article 40 and Article 50 (Selection of Penalty) of the Criminal Act (Defendant A) of the Commercial Act;

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act [Defendant A] are against the order of provisional payment (defendants).

arrow