Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is the owner and captain of a coastal fishing vessel C (1.99 tons, FRP, and two crew members on board) of the Do Coastal Coastal Vessel C (1.99 tons, FRP, and two crew members on board)
No one shall capture, gather or cultivate marine animals or plants in any way other than those of fisheries under the Fisheries Act or the Fishery Resources Management Act.
Nevertheless, at around 15:00 to 18:30 on September 1, 2013, the Defendant: (a) used the main power of the hull on the sea of approximately 500 meters prior to the Gyeongdo, in the course of liquidation of Ynam-do, the Defendant captured the sea shocking machine “marine shocking machine” using the sea sea 70-mari (30,000 won at the market price) using a revolving machine, which disturbs the fish group by using noise, etc. under the surface of the water.
Summary of Evidence
1. Defendant's legal statement;
1. Application of documentary evidence photographic Acts and subordinate statutes
1. Relevant Article of the Criminal Act and Articles 97 (1) 4 and 66 of the Fisheries Act concerning the selection of punishment for the crime;
1. Penalty fine of KRW 1,000,000 to be suspended;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although it is clear that the Defendant’s act of fishery using “the sea shock season” is not a fishery under the Fisheries Act or the Fishery Resources Management Act, and it does not fall under the traditional method of fishery, a violation of the Fisheries Act is established. However, it is clear that the Defendant committed a violation of the Fisheries Act. However, it is determined as above on the ground that the Defendant’s mistake is against his own depth, and again, the Defendant would not commit such a crime, and the Defendant is the first offender with no history of criminal punishment.