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(영문) 인천지방법원 2020.08.14 2020고정875
수산자원관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person, other than fishermen prescribed by the Fisheries Act, shall capture or gather fishery resources, except for methods other than simple tools prescribed by the Enforcement Decree of the Fishery Resources Management Act, such as slot nets, lines fishing, external fishing, hair, mis, grandchildren, etc., and no person shall possess, distribute, process, keep or sell fishery resources captured or gathered in violation of orders under the Fishery Resources Management Act or the products thereof.

Nevertheless, at around 12:50 on July 4, 2019, the Defendant captured and possessed 1 mast, 7-8 mast, soften, soften, soften, soften, soften, soften, and soften, which is fishery resources, using water and waste softens connected with several units installed at the sea corresponding to the C golf course located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused’s legal statement, photographic, field location map, investigation report (fixture photo) (fixture photo installed on a tideland), investigation report (STV image data, and confirmation of tide forecast table);

1. Article 65 subparagraph 2 of Article 65 and Article 18 of the Fishery Resources Management Act, Article 64 subparagraph 2 of the Fishery Resources Management Act, and Article 17 of the Fishery Resources Management Act, in relation to facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the crime of this case constitutes an act detrimental to fishery resources requiring protection, and the liability for the crime of this case is not easy. However, the defendant's mistake is recognized, the defendant is not directly established, the amount of the civilian fireworks captured by the defendant is not large, the defendant has no record of punishment exceeding the amount of punishment or fine imposed for the same kind of crime, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. of this case.

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