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(영문) 대전지방법원 서산지원 2014.04.03 2013고정246
수산자원관리법위반
Text

Defendants shall be punished by a fine of KRW 300,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

Defendant

A is the owner and captain of H (9.77 tons, inshore net, and five crew on board) of a military shipment H (9.77 tons, five crew on board). Defendant B is the owner and captain of the Gun shipment I (12 tons, inshore net, five crew on board). Defendant C is the captain of the Gun shipment J (13 tons, four crew on board). Defendant D is the owner and captain of the Gun shipment K (12 tons, inshore net, five crew on board) and the captain of the Gun shipment K (5 crew on board). Defendant E is the captain of the Gun shipment L (13 tons, inshore net, five crew on board). Defendant F is the captain of the Gun shipment M (17 tons, inshore net, five crew on board).

No one shall manufacture, sell or load fishing implements, other than the fishing implements licensed, permitted, approved or reported under the Fisheries Act, and fishing implements, the use of which is prohibited as prescribed by the Fishery Resources Management Act.

Nevertheless, at around 11:00 on March 29, 2013, the Defendants: (a) carried the fishing gear used for offshore-type fishing at a new harbor located in the Haak-gun, Chungcheongnam-gun; (b) carried the fishing gear, which is prohibited from being used in a way that kids are attached to a fixed framework to ensure that kids are not broken up; and (c) carried the fishing gear, the use of which is prohibited by attaching a kids to the bottom of the fixed framework, without attaching a kids to the chain, into each Defendants’ fishing vessel.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes to on-site documentary evidence, photographs and photographs of submission of seized articles;

1. Article 65 Subparag. 6 and Article 24 of the former Fishery Resources Management Act (Amended by Act No. 11567, Dec. 18, 2012) regarding criminal facts

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. Related Acts and subordinate statutes - Article 23 (Prohibition of Use of Fishing Implements) (1) of the former Fishery Resources Management Act (amended by Act No. 11567, Dec. 18, 2012; hereinafter the same shall apply) (1) The Minister of Oceans and Fisheries deems it necessary for the propagation and protection of fishery resources,

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