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(영문) 대전지방법원 서산지원 2015.08.28 2015고정202
수산업법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who intends to engage in diving fishery shall obtain permission for each fishing vessel and gear from the Minister of Oceans and Fisheries.

Nevertheless, the Defendant conspired with C to take marine animals and plants without obtaining a diving fishery permit.

1. On February 25, 2015, the Defendant, from around 20:0 to 20:20 on February 25, 2015, 15, driven a fishing vessel at the sea of approximately 1.5 mam in the west-gun of Chungcheongnam-gun, the Defendant: (a) driven a fishing vessel on the sea of approximately 1.5 miles; and (b) obtained the Defendant, by wearing diving equipment, such as diving clothes, backboards, and he received the air from the fishing vessel, supplied the air through the ice, and collected approximately 15 U.S. (around 3km and a market value equivalent to KRW 30,00,00) such as a dog inhabited on the sea by using the requi.

Accordingly, the Defendant conspiredd with C to operate fisheries without obtaining a permit for diving fishery.

2. On March 7, 2015, the Defendant, from around 21:00 to around 02:00 on March 7, 2015, operated a fishing vessel on the sea of approximately 1.2 miles on the east-gun of Chungcheongnam-do, despite the following day, at the south of the west-gun, C used a fishing vessel on the sea of approximately 1.2 miles, and the Defendant acquired a diving device, such as diving clothes, backboards, and he received the air from the fishing vessel, supplied the air through the ice, and collected a key light of KRW 170,000, 300 km, which inhabits into the sea with the qui, using the qui, and collected approximately 1.9,00 km (on the market price of KRW 1.9 million).

Accordingly, the Defendant conspiredd with C to operate fisheries without obtaining a permit for diving fishery.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs and documentary evidence photographs of illegal diving machines;

1. Article 97 (1) 2 and Article 41 (1) of the Fisheries Act, Article 30 of the Criminal Act, the selection of fines, and the selection of punishment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is the defendant's mistake, but the same criminal records can be used, and the quantity of marine products taken.

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