logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2020.12.14 2020고정268
수산자원관리법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the captain of a fishing vessel B (4.26 tons) with a permit for coastal fishing.

No one shall manufacture, sell or load fishing implements, other than those licensed, permitted, approved or reported, and fishing implements, the use of which is prohibited under this Act.

Nevertheless, at around 07:29 on August 20, 2019, the Defendant loaded one mold of fishing gear for non-permitted coastal complex fishing and fishing in B for the purpose of catching fishery products at the sea of approximately 2.3 nautical miles (N 36.38.4 east 126.5 east 126.5 east 164.7 east east 201).

Accordingly, the Defendant loaded an unauthorized fishing gear.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Evidence photographs;

1. Application of statutes to the Acts and subordinate statutes concerning enforcement note, arrest location map, copy of shipping certificate, and detailed statement of fishery permission;

1. Article 65 subparagraph 6 of the Fishery Resources Management Act and Article 24 of the same Act and the selection of fines for criminal facts;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has no record of committing the same kind of crime after being sentenced to a fine due to a violation of the Ordinance on the Protection of Fishery Resources before 27 years, and all of the facts of the instant crime are recognized, and appears to be against

The Defendant currently retired from the position of the captain of the instant fishing vessel.

In addition, all the sentencing factors in the trial process of this case, including the defendant's age, character and conduct, environment, degree of damage, and circumstances after the crime, shall be determined as ordered.

arrow