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(영문) 대구지방법원 포항지원 2017.08.10 2017고단675

수산자원관리법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. No person, other than those who jointly commit a violation of the Fishery Resources Management Act by the Defendants, shall use other fishing gear or method than those prescribed by Ordinance of the Ministry of Oceans and Fisheries, or capture or gather fishery resources using diving equipment;

Nevertheless, the Defendants conspired to capture and gather fishery resources using scoo equipment, and entered the sea at around 23:40 on April 3, 2017, at around 23:30, in the north-gu, North Korea-gu, Poscoo C, and at around 23:40 on the same day, the Defendants captured and collected fishery resources by obtaining them from the sea after wearing the scoo equipment at the sea, and Defendant A took the catches 15 g and 6 ggggg of the Gun, which are fishery resources living in water, by taking advantage of rubber boats, and taking the catches caught by Defendant A.

2. No person who violates the Water Leisure Safety Act by a defendant A shall use a water leisure craft for aquatic leisure activities without being registered;

Nevertheless, on April 3, 2017, at around 23:30, the Defendant, on board and depart from rubber boats (90 Mar. 2, 2017) owned by the Defendant, which were not registered in North Korea-gu C, and used an unregistered water leisure craft such as capturing fishery resources upon arrival at the sea of 1.5 Ethmb, 23:40 on the same day, at around 23:40 on the same day, and capturing and collecting fishery resources, and entering the sea at around 01:50 on the following day.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Seizure records;

1. Investigation report (verification as to whether an operation license is granted and as to the registration of a water leisure craft);

1. Application of Acts and subordinate statutes to the port center and the arrest report of a person who violates the Fishery Resources Management Act (or the piracy);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 65 Subparag. 2 and Article 18 of the Fishery Resources Management Act; Article 30 of the Criminal Act (fishery resources).

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