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(영문) 전주지방법원 군산지원 2016.01.12 2015고정461
수산업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the captain of the ship B (4.5 tons) in the Gunsan-si Ship Registry B (4.5 tons), and C is the diving of the above B.

No one shall capture, gather or cultivate marine animals and plants by means of fisheries other than those under the Act on Fisheries or the Management of Fishery Resources.

Nevertheless, the Defendant, from around 08:00 on May 7, 2015, affixed the following seals to C and the Defendant.

5. 8. 16.00 up to 16.16.00, in the maritime village fishing plantation prior to the inducement of the rooftop drawing of the Gunsan City, the Defendant Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do ddo ddo ddo ddo ddo ddo ddo ddo ddo ddo ddo g 950 g g, in a manner that the Defendant Do ddo ddo ddo ddo d

As a result, the Defendant collected marine animals and plants in collaboration with C by putting and diving air cryp, which is a fishing method other than fishing under the fishery law.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

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

1. Application of Acts and subordinate statutes to photographs using photographs, voluntary submission diving equipment, etc. after detection at the scene;

1. Relevant Article 97 (1) 4 and 66 of the Fisheries Act, Article 30 of the Criminal Act concerning facts constituting an offense, and Articles 97 (1) 4 and 66 of the same Act, and Article 30 of the same Act;

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

1. Article 100 (1) of the Fisheries Act;

1. Sentencing sentencing under Article 334(1) of the Criminal Procedure Act takes into account the following factors: (a) the Defendant has no record of being punished for the same crime in the past; (b) the recognition of the crime and the misjudgments against the mistake; (c) the collected catches were seized and the proceeds of sale were confiscated; and (d) the Defendant’s profits acquired by the crime in the instant case are not significant; and (e) the Defendant currently engaged in another type of business and thus does not have any risk of recidivism.

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