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(영문) 광주지방법원 해남지원 2013.10.02 2013고단136
수산자원관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall keep or use toxic chemicals prescribed by the Toxic Chemicals Control Act for the purpose of cultivating fishery resources or removing foreign substances attached to fishing gear or fishing net.

1. From January 8, 2013 to the 14th day of the same month, the Defendant used approximately 1,000 liters of inorganic acid (20 liters) purchased from a person who was unaware of his/her name for the purpose of removing foreign substances attached to Kim-gun, Jindo-gun’s Kim Ba (license number C, D, and E) from January 8, 201 to his/her name.

2. From January 8, 2013 to the 14th day of the same month, the Defendant kept approximately KRW 7,000 liter (20 liters) purchased from a person who was unaware of his name for the purpose of removing foreign substances attached to the Kim mack, in front of the Defendant’s house located in Jindo-gun F, Jindo-gun, for the purpose of removing foreign substances attached to the Defendant’s Kim mack, operated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A statement prepared by H;

1. Records of seizure and the list of seizure;

1. Requesting the analysis of ingredients, and notifying results of the analysis of ingredients of medical samples;

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Article 64 subparagraph 5 of Article 64 and Article 25 (2) of the Fishery Resources Management Act concerning criminal facts and the selection of a punishment. (Consideration of the punishment by a fine, the selection of a defendant who has no criminal record of imprisonment without prison labor or heavier, and the depth of and reflects his/her mistake, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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