내수면어업법위반
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by a fine of three million won.
Defendant
B The above fine shall not be paid.
Punishment of the crime
Any person who intends to run a fishery business of gathering or capturing shellfishes or other sedentary animals using fishing gear for gathering shellfishess, such as fishing nets, within inland waters shall obtain permission from the competent authorities.
Nevertheless, between October 14, 2012 and 23:00 the same day from October 14, 2012 to October 14:00, the Defendants conspired to gather approximately 226 kilograms by using power rubber boats in the section of approximately 1 kilometer of the Gangseo-gu Seoul Metropolitan Government, Gangwon-gu, Seoul Metropolitan Government, without permission from the competent authorities.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each protocol of seizure;
1. Application of Acts and subordinate statutes to each investigation report (related to the attachment of case-related photographs, verification of the total number of sludges, and additional seizure of sludges);
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 25 Subparag. 1, Article 9(1) of the Inland Water Fisheries Act, Article 30 of the Criminal Act;
(b) Defendant B: Article 25 subparag. 1, Article 9(1) of the Inland Water Fisheries Act, Article 30 of the Criminal Act
1. Articles 70 and 69 (2) of the Criminal Act;
1. Suspension of execution (the defendant A) Article 62 (1) of the Criminal Act (including the fact that the defendant has no criminal record);
1. Probation and community service order (defendant A) Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Article 334 (1) of the Criminal Procedure Act (Defendant B);