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(영문) 부산지방법원 2019.07.11 2019고단1562
수산자원관리법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

A person may not possess, distribute, process, keep, or sell fishery resources or products thereof captured and gathered in violation of an order issued under the Fishery Resources Management Act or Fisheries Act, but the Defendant purchased approximately KRW 30 km, which had been illegally captured by the unsatisfed persons on May 22, 2018 from his/her own restaurant located in Busan-gu, Busan-gu, Busan-do around 22:00, and sold them to customers finding the above restaurant after purchasing approximately 200,000 g of 30 km, which had been illegally captured by the unsatisfed persons on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. An investigation report (including whether an international risk of destruction or collapse in the future) and an investigation report (verification as to whether permission for the importation or bringing in of an international risk of destruction or collapse in the international community is granted);

1. Application of the Acts and subordinate statutes to notify the results of replies to requests for cooperation in business and analysis of genes;

1. Article 64 subparagraph 2 of the Fishery Resources Management Act and Article 17 of the same Act concerning criminal facts;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria are not applicable because of the choice of fines to apply the sentencing criteria. 2. The sentencing criteria are as shown in the Disposition, taking into account the motive, sale volume and sales profits of the principal offense, the defendant's age, occupation, criminal records, etc.

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