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(영문) 창원지방법원 통영지원 2019.09.24 2019고정216
수산업법위반
Text

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

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

Reasons

Punishment of the crime

On May 1, 2019, the Defendant is a person who was sentenced to a suspended sentence of four months by imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) in the Changwon District Court's Msan Branch on May 1, 201, and the judgment becomes final and conclusive on May 9,

The defendant is the master of the ship owner and the master of the old coastal complex fishing vessel B (1.88 tons) in Changwon-si, Changwon-si, and C is the crew of the above B (locked).

No one shall capture, gather or cultivate marine animals or plants in any way other than those of fisheries under the Fisheries Act or the Fishery Resources Management Act.

Nevertheless, at around 17:40 on February 15, 2019, the Defendant and C arrived at the port of nuclear power plant located in Yongsan-si, Changwon-si, Changwon-si, and at around 21:20 on the same day after leaving the port of nuclear power plant, and arrive at the sea of approximately 100 meters on the northwest of the Songwon-si, in the event of bankruptcy in Tong Young-si, and the Defendant reported the network, and C came to obtain 1 kmg on the part of the marine animals and plants, using the locking equipment (air, water level, etc.) prepared in advance, and collected 1 kmg on the part of marine animals and plants.

As a result, the Defendant conspired with C to gather marine animals and plants by fishing methods other than those under the Fisheries Act or Fishery Resources Management Act.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A fishery permit certificate;

1. Comprehensive information system for ship entry and departure control (information for entry and departure);

1. Certificates and photographs of persons who violate the Fishery Resources Management Act;

1. Previous records: Criminal records, etc. inquiry reports, previous records of dispositions, results of confirmation, and application of one copy of judgment; and

1. Article 97 (1) 4 and Article 66 of the Fisheries Act, Article 30 of the Criminal Act, the selection of fines and fines for criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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