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(영문) 광주지방법원 순천지원 2019.06.13 2018고단1832 (1)
특수협박등
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

The Defendant is the captain of two-boatd-type vessel B, and C is the captain of a vessel D, a vessel with two-boatd-type towing vessels, a vessel with two-boatd vessels in Busan.

If necessary for the propagation and protection of fishery resources, the Minister of Oceans and Fisheries may determine zones subject to prohibition of fisheries by type of fisheries.

Nevertheless, the Defendant and C, upon receiving a work order from D’s captain, decided that the Defendant, as the captain, will operate the fishery by running the water together, and carried out the fishery in the zone where two-boat large bottom fishing is prohibited from operating the fishery in Jeju-do, Jeju-do, a zone where two-boat large bottom fishing is prohibited on January 13, 2018. At around 21:41, the Defendant and C opened the fishery in the zone where two-boat large bottom fishing is prohibited from operating the fishery in Jeju-do, Jeju-do, Jeju-do, approximately 21:43:43 degrees North latitude, and opened the fishery in the zone where two-boat large bottom fishing is prohibited from operating the fishery in the zone where approximately 23 nautical miles (3.46 minutes North latitude, 126.1 minutes North latitude, 33.46 degrees North latitude, 126.1 minutes North latitude, 21.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of each police;

1. Data related to relevant Acts and subordinate statutes and areas subject to prohibition of operation, detailed information on entry into and departure from ports, a certificate of ship's nationality, a certificate of fishing vessel inspection, a detailed statement of ship permission, a list of crew members, a certificate of ship officer's license, photographs, scene photographs of crime, E-port or B illegal operation, and photographs of the suspect'sF arrest photographs, B entry and departure, detailed information, record of violation, B entry and departure, and D CCTV screen pictures;

1. Application of Acts and subordinate statutes of a situation report;

1. Article 65 Subparag. 1 and Article 15 of the Fishery Resources Management Act, Article 30 of the Criminal Act, the selection of fines (abstinence with confessions, balance with general sentencing in the same or similar cases, and consideration of the prosecution’s sentence, etc.) regarding criminal facts and the selection of punishment;

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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