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(영문) 춘천지방법원 강릉지원 2017.07.20 2017고단552
수산자원관리법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the captain of C (2.99 tons and coastal self-help fishing vessels) who is the ship owner of the same sea in the East Sea.

No one shall engage in fisheries capturing and gathering 9cm or less in body for the propagation and protection of fishery resources.

Nevertheless, around 04:00 on January 18, 2017, the Defendant went on and departs from the port of the East Sea at the same time, and thereafter, from 04:00 to 06:30 on the same day, the Defendant was engaged in the fishery of catching 421 mama at the body of 9cm and less than 421m using self-nets during the period from 04:00 to 06:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of a person who violates the fishery resources management Act;

1. Application of Acts and subordinate statutes to photographs without violating the Fishery Resources Management Act;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraphs 1 and 14 of Article 64 of the Management of Fishery Resources Selection of Punishment Act, and the selection of fines (including the fact that no previous criminal record exists for the same offense, and that all captured fishery products have been released);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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