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(영문) 대구지방법원 포항지원 2019.05.01 2019고단226

수산자원관리법위반

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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall possess, distribute, process, keep or sell fishery resources captured and gathered in violation of an order issued under the Fisheries Act or any products thereof.

On December 10, 2018, the Defendant listened to the statement that “the Defendant will pay the female brance room to the freezing tower with KRW 100,000 per day on the day when the female bracks off,” and by accepting the statement, the Defendant was willing to take the role of loading the female b and D with the illegal catches captured by the accomplice C, etc., together with B and D.

On December 15, 2018, at around 23:30 on December 15, 2018, the Defendant: (a) at the coast near the Sincheon-ri, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do; (b) C and the person in default of name, captured approximately KRW 53,650,00 at the market price from the sea near the above place and loaded approximately 58 mar, approximately 10,730 mar in rubber and moved to the above place; and (c) the Defendant, along with B, loaded the e mar loaded with the cargo loaded with the foregoing mar, moved to the e mar, and D accumulated the mar in order to move to the above cargo vehicle.

Accordingly, the defendant, in collusion with C, B, D, and name-free persons, has a female of illegal catches.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. On-site photographs, female discharge photographs, rubber beams land transport photographs, each CCTV confirmation photograph, each vessel for use (I), data related to the radar resistance replys, investigation reports (related to confirmation of the anti-port of a marine radar near the place of committing a crime), the telephone details of each suspect, the date of entry into or departure from the port, the date of transfer from the port, the police transfer (the arrest of a person in violation of the Act on the Law of the Sea Guard, etc.), the I-B monetary record;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 64 subparagraphs 2 and 17 of the Fishery Resources Management Act, and Article 30 of the Criminal Act, which include the applicable law to facts constituting an offense and the choice of punishment;

1. The act of capturing and possessing female selbling the reasons for sentencing under Article 62(1) of the Criminal Act is to seek the sustainable development of fisheries through the protection of fishery resources.