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(영문) 대구지방법원 경주지원 2016.12.22 2016고정276 (1)

수산자원관리법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

B is the captain of C, D, E, and F of the inshore fishing vessel in the offshore transit of the Seocho-si in the racing-si, and G is the crew member of C, G is the secretary of C, and the defendant is the actual owner of C.

1. No one shall capture a body length of which is not more than 9 centimeters;

Nevertheless, around May 19 to 20 on May 201, 2016, the Defendant’s employees B, D, E, and F conspired with the Defendant’s employees on the Defendant’s large capture of the Defendant, and 241ma at the sea of approximately 50 cm from the south-dong Sea of the Pool on the racing-si on May 19, 201, and captured 241ma at the length of 8 centimeters.

2. No person shall possess, distribute, process or sell fishery resources or products captured, in violation of the fishery resources management Act;

Nevertheless, at around 10:40 on May 20, 2016, G, an employee of the Defendant, was to receive KRW 420,00,00 from H engaged in the large distribution business, and sold the large volume of 241ma and distributed the large size of 9 centimeters or less.

Summary of Evidence

1. Each police interrogation protocol on the accused, B, E, D, I, H, G, and F;

1. Application of Acts and subordinate statutes to reports on the results of arrest and release of illegal capture offenders falling short of body length, records of seizure, list of seizure, and each investigation report (with regard to requests for mother sirens and the results of mobile sirens);

1. Article 69 and subparagraphs 1 and 2 of Article 64 of the Fishery Resources Management Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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