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(영문) 대구지방법원 서부지원 2015.12.16 2015고정963
수산자원관리법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Punishment power] On April 2, 2015, the Defendant was sentenced to two years and six months in the region and a fine of one million won in violation of the Fishery Resources Management Act (2014No551) by the Daegu High Court on April 2, 2015. The above judgment became final and conclusive on the 10th day of the same month.

In addition, on September 23, 2015, the Defendant was sentenced to one year imprisonment for a crime of violating the Fishery Resources Management Act in the Daegu District Court's branch court (2015dan651), and the above judgment was finalized on December 5, 2015 through the appellate court (2014No4013).

【Criminal Facts】

No one shall possess, distribute, process, keep or sell fishery resources captured and gathered in violation of the Fishery Resources Management Act and the Fisheries Act or products thereof.

Nevertheless, the Defendant, in collaboration with B and C, carried and kept the minck and 1stma, which are illegal catches, which were dismantled and contained in B, using the No.S. line, from 15 mam to e station located in the same Gu, from the sea of the 15-mam to the e station located in the same Gu, at the beginning of June 2012, the Defendant transported the minck and 1stma, which is an illegal catch, which was dismantled and contained in B.

In addition, from that time until August 29, 2012, the Defendant possessed and kept a total of 6 miles as shown in the attached list of crimes.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Confirmation of a seafarer's boarding report, and a seafarer's register;

1. Previous records: Investigative reports, lists of related cases attached thereto, judgments and application of respective Acts and subordinate statutes;

1. Article 64 Subparag. 2 and Article 17 of the former Fishery Resources Management Act (Amended by Act No. 13270, Mar. 27, 2015); Article 30 of the Criminal Act; and the selection of fines for negligence

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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