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(영문) 대구지방법원 포항지원 2021.03.23 2021고단195
수산자원관리법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who was a captain of B(9.77 tons and coastal self-help fishing vessels) in the Si/Gun/Gu Pestest Pool of Si/Gun/Gu.

If the Minister of Oceans and Fisheries deems it necessary for the propagation and protection of fishery resources, he/she may determine the period, area, depth, body length, etc. of fishery resources for which capture and gathering are prohibited, and prohibit the capture and gathering of females of specific fish species, such as females caught outside the clothes for the propagation and protection of fishery resources, and he/she shall not capture or gather females of the specific fish species from June 1 to November 30 in the sea area of 131 degrees 30 degrees east.

On November 17, 2020, the Defendant left the port of South-gu, Chungcheongnam-gu, U.S., and arrived at the sea area of 16:00 east longitude 131:30 east longitude 16:00 east longitude 130 east longitude 130 east longitude 130 east longitude 16:45 east longitude 129.48 east longitude 19:00 east on the same day. The Defendant captured the Defendant from around 19:00 on the same day at around 19:00 east 1 week prior to approximately one week (round November 11, 2020) through two-meters of fishing gear (in 220 east-gu) through which the Defendant took a large volume of 9:40 east on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes for written confirmation of discharge;

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. Taking into account the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act, there are many criminal records for sentencing, and that there are two times criminal records for fines for the same kind of crime, the following factors were taken into account: (a) the Defendant’s age, career experience, and the amount of fines for the same kind of crime.

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