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(영문) 대구지방법원 영덕지원 2012.10.31 2012고단175

수산자원관리법위반

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant owned a powered fishing vessel B, the gross tonnage of which is 5.23 tons of loading on the land of the Gyeongjin-gun, North Korea, and worked as the captain, and C is employed by the Defendant and working as the crew of the above B.

The Defendant shall transport to land the horses illegally captured by C and Fuss, upon being dried at sea;

6. From January 1 to November 30, 198, there was an invitation to capture a large range of people during the period of prohibition of large capture.

1. On August 22, 2010, at around 12:00, 17:30 on the 17:30 day following the date of departure from the port of death at the Gungjin-gun, G, the Defendant and C, at the port of death at the Gungjin-gun, the Defendant and C, on board the port above B, transported approximately 25 math (37-0N, 129-50E) at the sea (37-0N, 129-50E) of the above rupture of death at the port of death at the Gungjin-gun, and transported around 21:50 on the same day, approximately 5 math (37-00N, 129-29-94E) at the sea (37-0N, 129-50E) at the port of death at the Gungjin-gun, the Defendant and C, respectively.

Accordingly, the defendant, in collusion with C, possessed and kept them illegally captured.

2. On August 22, 2010, at around 12:00, the Defendant and C collected approximately 60 maths from the sea (37-08N, 129-33E) of the 13:00 on the 10-day death port north-dong, the 10-day death port (37-08N, 129-33E).

As a result, the Defendant conspired with C to capture 60 maizes for the period of prohibition of capture.

Summary of Evidence

1. Statement of each police suspect interrogation protocol against the defendant and C;

1. Each description of a loading certificate, a ship inspection certificate, or a fishery permission certificate;

1. Each entry in the records of seizure and the list of seizure;

1. Application of the respective visual Acts and subordinate statutes in respect of a dismantled transport vessel B, minging photo, mintainr strawing photo;

1. Article 64 Subparag. 1, Article 17 of the Fishery Resources Management Act, Article 65 Subparag. 1, and Article 14(1) of the Fishery Resources Management Act, which provides that a person who commits a crime may choose to commit a crime, shall be punished by imprisonment with labor, or by imprisonment with labor.