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(영문) 춘천지방법원 강릉지원 2019.11.22 2019고단910

수산자원관리법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in fisheries as an owner of the coast-net fishing vessel B (5.19 tons) and also as the captain of Gangseo-gu.

No person shall capture or gather snows and body lengths not exceeding 9cm for the propagation and protection of fishery resources.

Nevertheless, at around 03:00 on May 18, 2019, the Defendant: (a) went to and depart from the port where the order was located in Gangnam-gu, Gangnam-gu; (b) 7 nautical miless from the east-gu, 03:50 on the same day at around 03:50 on the 7 nautical miless from the east-gu, Seoul (N 37:53 50 east-do, 128.50 east-do); and (c) on the 11st day of the same month, the Defendant captured 14 Mams by means of a booming 20 cm with 145 cm and below 9 cm.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Arrest reports of persons who violate the Fishery Resources Management Act;

1. A copy of a loading certificate, a copy of a statement of fishery permission, and a marine officer's license;

1. The application of Acts and subordinate statutes related to collecting documentary evidence with respect to capture of the female of b string cancers and under body lengths;

1. Article 64 subparagraph 1 of Article 64, Article 14 (1) and (2) of the Fishery Resources Management Act concerning a crime;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;