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(영문) 춘천지방법원 강릉지원 2017.07.14 2017고단445
수산자원관리법위반
Text

Defendant shall be punished by a fine of five million won.

When the above fine is not paid, the defendant shall be the defendant for 50 days.

Reasons

Punishment of the crime

The Defendant is the captain and the actual owner of Taesan Port Ship C (1.71 ton).

No one shall capture or gather fishery resources during the period in which the capture or gathering of fishery resources is prohibited, and it is the period from June 1 to November 30 each year.

Nevertheless, on November 26, 2016, the period in which the Defendant was prohibited from catching and gathering books, on board the above C around 08:40, the Defendant captured 660 maths by using the 2 Duburged net net 2 in the same day at around 09:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The stations and C ship information in each C vessel entry into and departure from port (detailedly from port);

1. Evidentiary photographs;

1. Application of Acts and subordinate statutes to a report on investigation (the details of capture with a large period of time, confirmation of the release of caught fishery products, etc.);

1. Article 64 of the relevant Act on criminal facts and Articles 64 subparagraph 1 and 14 of the Fishery Resources Selection and Management Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has not been limited to the size of the capture of the instant case for the reason of sentencing, including the number of the body length below the body length, the necessity of strict punishment in light of the number and contents of the defendant's military power, etc., the defendant's necessity of strict punishment is also met, the suspension of qualification or more severe punishment is late, the defendant has no criminal record of suspension of qualification or more severe punishment, and the defendant has faithfully performed volunteer activities in the community at this time, and the last sentence of the fine shall be decided as the order of the defendant.

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