logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2016.01.08 2014고단1117
사기등
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

A fishery right holder designated as a fish farm manager shall not use his/her control vessel to capture, gather, or cultivate marine animals and plants on the waters other than the designated fishing ground area.

On January 18, 2010, the Defendant carried out fishing operations using a fish farm management line on the water surface other than the designated fishing ground area, such as a fish farm management line, from around 47 times to December 30, 2013, in a total of 47 occasions, from around 2013 to around 30, a fishing ground area designated by the Domp, Sinsan-si, a fishing ground area designated by the Domp, a fish farm management line, using a fish farm management line.

Summary of Evidence

1. The defendant's oral statement in the first trial record;

1. Statement made by the police against D;

1. Details of entry into and departure from ports;

1. Reports on internal investigation (limited to the current status of entry into and departure from ports and confirmation of the branch offices of non-compliance ports);

1. The application of statutes to reply to a request for cooperation in business affairs (the designation of a management line, the original register of fishery rights, etc., fishery permission, fishing ground map,

1. Article 98 subparagraph 4 of the relevant Act and Article 27 (4) of the former Fisheries Act (Amended by Act No. 12823, Oct. 15, 2014) (amended by Act No. 12823, Oct. 15, 2014);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the Defendant appears to have operated a fishing vessel designated as a fish farm management vessel for a long time in a zone where operations are prohibited for a limited period of time and obtained a large amount of profits, etc., and that the Defendant’s unfavorable sentencing conditions against the Defendant, the Defendant’s mistake, and the Defendant does not repeat the same mistake

In full view of the following factors: (a) conditions of sentencing favorable to the defendant, such as the fact that the defendant has no record of the same crime; and (b) the age, sex, environment, motive and circumstance of the crime; and (c) various conditions of sentencing as shown in the argument of this case, such as the circumstances of the crime.

arrow