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(영문) 부산지방법원 2013.11.21 2013고정5009
수산자원관리법위반방조
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall keep or use hazardous chemical "inorganic acid (35%)" for the purpose of cultivating fishery resources or fishing gear, or removing foreign substances attached to a fishing net.

Nevertheless, the Defendant, from around 2012, kept and sold in a “B” business place (factory) operated by the Defendant for the purpose of selling to an unspecified large number of unspecified persons, by subdividing in a 20-liter container the inorganic acid into the 20-liter container:

1. around November 2012, C knowingly sells 100,000 inorganic chlorates (6,000 won per 20-liter container) to sell inorganic chlorates (6,000 won per 20-liter container) one time, with the knowledge of the fact that C purchases a toxic substance with a view to removing this substance in his/her neglect, and sells 60,000,000 won in total twice;

2. Around December 2012, D sold 50,000 won in inorganic chlorate 50,000, as above, once to D;

3. Around December 2012, E sold in 444,00 won for inorganic chlorate 74 times through two times, as above.

As a result, the Defendant aided and abetted the use and storage of inorganic acid, which is a poisonous substance, for the purpose of removing foreign substances in the above C, D, and E farm.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for C, D, or E;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 64 subparagraph 5 of Article 64, the main sentence of Article 25 (2), Article 32 (1) of the Criminal Act, the selection of fines, and Article 32 (1) of the Fishery Resources Management Act, in relation to

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

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

1. Articles 70 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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