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(영문) 대구지방법원 포항지원 2013.10.10 2013고단716

수산자원관리법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Fishery Resources Management Act is the lessee and captain of a coastal fishing vessel C (4.95 tons) at the time of racing.

No one shall capture any tea, and possess, distribute, process, keep or sell fishery resources illegally captured.

At around 13:00 on August 5, 2013, the Defendant: (a) purchased ice for keeping in custody in the above east-gu port; (b) loaded and dismantled illegally in the sea of 12-math in the east-gu, Libera-dong; and (c) instructed the Defendant to transport the ice for keeping in custody in a new line with D, the crew; (d) purchased ice for keeping in custody in the above east-gu port; (e) loaded the east-gu, U.S. port with the above east-gu, U.S., to transport the ice with D, the crew.

Around 15:00 on the same day, the Defendant and D received instructions from the above non-exploitor, and they loaded and stored in the fish hold of the above C in a minck-ro 124 luxur 124 lux (Presumption of mincing the 2ma) which contained in water in the mincator, and loaded and stored in the mincatorum of the above C, and transported the fishing vessel to the mincatorial Round in the Northern Sea-gu, North Korea at 17:00 on the same day.

2. The same year from July 10, 2013 to the accused who violated the Fisheries Act.

8. by January 8, 200, a person on board as a captain of E (9.77 tons), which is a coastwise fishing vessel of Young-gun.

No person shall capture a variety of teas.

The Defendant captured the above E, using the murder, etc., which is an unpermitted fishing gear, in which the capture of D, F, G, H, and mincing is prohibited, and conspired to divide the sales proceeds into two parts.

On July 23, 2013, the Defendant, along with D, F, G, and H, on the part of the crew, was on board and departing from the above E on July 23, 2013 at the Korea-Japan located in the north-gu Incheon Metropolitan City, Chungcheongnam-gu, Chungcheongnam-do, and around 11:10 on the same day, the Defendant was on the sea of approximately 13 days from the North-dong bank located in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-do.