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(영문) 창원지방법원 2018.12.12 2018고단2547
수산업법위반방조
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 24, 2017, July 25, 2017, and August 7, 2017, the Defendant obtained approval for the use of a fishing vessel from H, I, J, K, L, and M (hereinafter “H”) in order to perform the work of gathering clocks from the Tong-si mayor in the Tong-si fishing ground F and G fishing ground, and N is the head of the P fishing village located in the Tong-si Port, and Q is the person who conducts the clocking business at the O in Tong-si.

No person shall operate any fishery business without obtaining the fishery right under the Act on Fisheries.

Nevertheless, from July 25, 2017 to August 17, 2017, N and Q: (a) in front of the common waters in Tong Young-si (R); (b) without acquiring the fishery right, they spread approximately KRW 40 million of the cryp of the cryp of the cryp of the cryp of the cryp, and (c) conspired to have the expenses and profits from the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the c

The Defendant provided six vessels, such as H, in order to smoothly carry on the fishery in the Defendant’s aquaculture ( through nutrition F and G fishing ground) after being well aware that the act of gathering birds from the above public waters of N and Q was illegal.

In this respect, N and Q made it easy for N and Q to carry on fisheries without acquiring the fishery right under the law of fisheries.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each protocol concerning the examination of suspect of the police to N and Q;

1. Relevant Article 97 (1) 1 of the Fisheries Act and Article 32 (1) of the Criminal Act concerning facts constituting an offense, and Article 97 (1) 1 of the same Act concerning the selection of punishment (Punishment);

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

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

1. Sentence of Article 334 of the Criminal Procedure Act of the Provisional Payment Order: Imprisonment with prison labor for 4 months/ suspended sentence of a fine of 3 million won: Grounds for reduction, such as cumulative records of punishment of the same kind: confession and separate proceedings for each case (or imprisonment with prison labor for a violation of the Fisheries Act (the first instance court):

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