Text
Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,200,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
[criminal power] Defendant B was sentenced to a suspended sentence of two years on February 27, 2014, for a violation of the Fisheries Act in the territory of the Changwon District Court on February 19, 2014, and the said judgment became final and conclusive on February 27, 2014.
[Criminal Execution Office] Defendant A is the captain of the New Sea Vessel D (4.99 tons) with the Gyeong-nam-si Port Port, Gyeong-nam Port, and Defendant B is the owner of the vessel.
1. A person who intends to carry on the spoke net fishing in a mobile compartment shall use and operate the spoke net fishing gear in waters permitted with permission from the head of the Si/Gun/Gu for each fishing vessel, fishing gear, or facility;
Nevertheless, the Defendant, at around 07:00 on January 6, 2013, departing from a place of operation at the same line of common use in Yong-gu, Kim Young-nam on January 6, 2013; and
8. Around 21:10, in the case of a Sinsan-si whose new network operation zone exceeded approximately 32 miles, approximately 31 miles (34-01.00N, 128-29.40E) on the south of the National Highway of the Republic of Korea (hereinafter referred to as the 34-01.0N, 128-29.40E), the liabilities were captured, in a way of projecting one mold of a new network operation gear, and 35 km, etc. (the upper value of KRW 2,79,443).
2. Defendant B, who is an employee of the Defendant, committed the same act as the above facts constituting the Defendant’s business.
Summary of Evidence
1. Defendants’ legal statement
1. A copy of a report on the place of the offender, a seizure record, a list of seizure, a explanatory note, a arrest position map, field photograph, record of violation, a copy of a coastal fishery permit, and a copy of a
1. Before ruling: Application of Defendant B’s legal statement law;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Articles 97(1)2 and 41(3) of the Fisheries Act; selection of fines;
B. Defendant B: Articles 101, 97(1)2 and 41(3) of the Fisheries Act; selection of fines
1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;
1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act
1. Defendant A: Article 100 (1) of the Fisheries Act;
1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.