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(영문) 대전지방법원 홍성지원 2017.08.17 2017고정166
수산자원관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the Kim Farming Business in his residence.

No person shall keep or use harmful chemicals under subparagraph 7 of Article 2 of the Chemicals Control Act for the purpose of cultivating fishery resources or removing fishing implements or foreign substances attached to fishing nets.

On December 8, 2016, at around 09:50, the Defendant used in an inorganic acid (including 33% of salt calates) 200 liters, a toxic substance, for the purpose of removing foreign substances attached to Kim Jong-kak at the Defendant’s operation farm site located at approximately 1.0 math day of the west-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Scenic photographs;

1. Application of the Acts and subordinate statutes to know the results of legal and chemical appraisal related to investigation into illegal Kim Farming fishermen;

1. Article 64 of the relevant Act concerning facts constituting an offense, Article 64 subparagraph 6 of the Fishery Resources Selection and Management Act and Article 25 (2) of the same Act concerning the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order has been committed several times with the same criminal records to the defendant, and other circumstances shown in the trial of this case, including the defendant's age, sex, environment, and circumstances, shall be determined as ordered by taking into account all the circumstances shown in the trial of this case.

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