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(영문) 대구지방법원 영덕지원 2016.11.09 2016고정64
수산자원관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the captain of coastal net B(3.85 tons, diesel316 Emb, FRP, and fishing vessel number C).

Any person shall conduct operations after obtaining approval from the Minister of Oceans and Fisheries or a Mayor/Do Governor or after filing a report in the sea area prescribed by Presidential Decree to use double or multi-layered

Nevertheless, at around 03:30 on May 28, 2016, the Defendant: (a) installed and operated two or more self-net fishing gear at the sea of 4.2 miles (N 36-36.5; east 129-29.8, 75-9 Sea area) from the west-gun of the king-do, the area surrounding the king-do, which was approved for the use of double or multi-layered nets; (b) around 2016, the Defendant captured 28 miles at a price.

Summary of Evidence

Defendant’s legal statement

Article 65 Subparag. 5, Article 23(3), Article 70(1), and Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(2) of the Fishery Resources Management Act with respect to the criminal facts subject to the law regarding a report on offender's geographical report, ship documents (certificate of permission, certificate of double net use report), control note, decision on release of illegal catches, discharge photographs, arrest location, evidence photograph, record of violation, record of custody, etc., the crime of this case is deemed to have captured fishery resources using double net while the defendant escaped from the area where he was approved for use, and the crime of this case cannot be deemed to have been negligible.

However, considering the fact that the defendant recognizes his mistake and reflects the amount of illegal fishery resources, the amount of fishery resources illegally captured is relatively large, and the circumstances that the previous situation has been restored because all the captured fishery products have been released, the punishment as ordered shall be determined by taking into account all the factors of sentencing, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence, etc., and the circumstances after the crime.

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