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(영문) 대전지방법원 홍성지원 2014.04.29 2014고정53
수산자원관리법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is the captain of Seocheon-gun Coast Guard C (1.87 tons, diesel 139ma, FRP, fishing vessel number: D, Seocheon-gun Coast Guard fishery permit E, and coastal complex F).

No person who intends to engage in a coastal fishing vessel (the purpose of capturing a roof fishing vessel, falling land, fireworks, and spokes) shall use not more than 22m in size, 140m or less, which is the spoke of the fishing gear, and shall also use not less than 140m or more in the entrance girm.

Nevertheless, at around 06:40 on May 25, 2013, the Defendant captured approximately 2 km to the public with approximately 0.8 nautical miles (an average of 360 meters, approximately 220 meters, and 174-9 m) at the port of west-gun, west-gun, west-gun, Seocheon-gun, west-gun, for the purpose of capturing a fireworks-out at approximately 0.8 nautical miles (N 36.05 minutes, east 126.29 minutes, east 174-9).

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. Control note and arrest location map;

1. A list of measurement records of his/her physical cocoin;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 65 subparag. 4 of the former Fishery Resources Management Act (amended by Act No. 11566, Dec. 18, 2012; hereinafter the same) and Article 23(1) of the former Fishery Resources Management Act (amended by Act No. 11566, Dec. 18, 2012; hereinafter the same) regarding criminal facts, Article 65 subparag. 4 and Article 23(1) and (2) of the former Fishery Resources Management Act were deleted, and accordingly, Article 10(3) and [Attachment Table 13] [Attachment Table 13] of the former Enforcement Decree of the Fishery Resources Management Act, which restricts the standard of a physical coco for each type of fishery business, was deleted on December 17, 2013.

However, since Article 99-2(2) and Article 64-2(1) of the Fisheries Act and Article 45-3(3) [Attachment 3-4] of the Enforcement Decree of the same Act restrict the use of fishing gear by kind of fishery, the punishment of the defendant's act is still maintained.

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

1. Article 68 (1) of the former Fishery Resources Management Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the accused recognizes the crime and repents the mistake.

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