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(영문) 대구지방법원 포항지원 2016.06.16 2016고단425
수산자원관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor of ten months and fine of one thousand won.

When the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. The Defendant in violation of the Fishery Resources Management Act is the actual captain of the D (6.51 ton, the cargo at Jeju Jeju Jeju Jeju sill, and the cargo at the coast).

No one shall capture fishery resources less than 9cm in length, the capture of which is prohibited, for the protection and reproduction of fishery resources.

On December 17, 2015, at around 06:39, the Defendant captured approximately 1,050 mars, 1,050 mars, from 2 mars of instructors located in the south-gu Hollt Jeju Island, the crew, E, etc., to D with the crew, and then departing from the sea on the 7-day mar of the same face and leaving the port for the same marbing fishing gear, the capture of which is prohibited by using the marbing gear.

2. If the Minister of Oceans and Fisheries deems it necessary for sustainable use of fishery resources and coordination in fisheries, he/she may restrict the quantity and use of fishing gear by permitted type of fishery business, the area and period in which the use of fishing gear is prohibited, the size and quantity of net nose, etc.

However, on February 17, 2016, the Defendant captured 7 maths by using the pets through the pets of the North East-dong Dok-dong Dokdong, South-gu, Yando-dong 7 Eth day (FixF, G) Dok-dong Dokdong-dong Dokdong-dong, where large capture is prohibited.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording notes (H and E);

1. Application of Acts and subordinate statutes to evidence photographs, arrested location map, and written confirmation of entry and departure of ships;

1. Article 64 subparagraph 1 of the relevant Act, Article 64 subparagraph 1 of the Fishery Resources Selection Management Act, Article 14 (1) of the same Act (a violation of the Fishery Resources Management Act, choice of imprisonment), and Articles 99-2 subparagraph 2 and 64-2 (1) of the Act on Fisheries;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. There are extenuating circumstances, such as: (a) the fact that the Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognized the commission of a crime; (b) the seizure and release of all illegal captures; and (c) the number of captured objects in the case of a violation of the Fisheries Act is less than the number of captured objects.

However, the defendant violates the Fishery Resources Management Act.

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