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(영문) 대구지방법원 포항지원 2013.09.05 2013고단623

수산자원관리법위반

Text

Defendant

A Imprisonment of 10 months and fines of 5,00,000,000 won, Defendant B and C shall be punished by imprisonment of 6 months and fine of 2,00,000 won.

Reasons

Punishment of the crime

Defendant

D is the owner who has leased G (7. 93 tons, coastal cabnets, and coastal cabots) to the F Shipper in Yeongdeungpo-gun, and the defendant A is the captain of the above G, and the defendant B and C are the seafarers of the above G.

1. On May 9, 2013, Defendants A, B, and C engaged in joint criminal conduct capture of approximately 32 miles sea (36-36.5N, 129.5-130E) from the port of port of port of port in which it is impossible to capture a large volume of 4:00 on May 9, 2013, at the 32-day air (36-36.5N, 129.5-130 E) from the port of port of port of port of port, and at the 120-meter water copied from the violation of the standards set forth in the project of port of port of port of port of port of port of which it was possible to capture a large quantity of 120 meters (60 m20 m20 m204 m204 m2).

The Defendants, as above, loaded the female boomer and body falling short of the body room in the line of the above G at around 20:00 on the same day, enter the above survey port at around 20:00, and moved the above 360 mar and body 204 mar out of 8,000 marn among the 8,000 marn and body 204 marn.

The Defendants, in collusion, captured female strings whose capture is prohibited and body strings, and possessed, stored and distributed them.

2. Defendant D is the owner of the above G, who employs A, crew B, and C, the captain of the above G, and manages overall affairs related to the above G, including the operation, management, etc. of the said G.

At the same time and place as described in paragraph (1) above, the above A, B, and C captured female strings, which are prohibited from capture, and body strings, and possessed, kept, and distributed them.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of examination of the accused A, B, and D;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (the specifications limit, the water matcos used);

1. Application of Acts and subordinate statutes governing field control photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Article 64 Subparag. 1 and Article 17 of the Fishery Resources Management Act, Article 30 of the Criminal Act (Selection of Imprisonment) and each Gu.