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(영문) 청주지방법원 영동지원 2021.02.09 2020고단205

내수면어업법위반

Text

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

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

Reasons

Punishment of the crime

A person who intends to conduct fishery business of gathering shellfishes or other sedentary animals using dredge nets or fishing implements for gathering shellfish prescribed by Ordinance of the Ministry of Oceans and Fisheries within inland waters shall obtain permission from the Mayor of a Special Self-Governing City, the Mayor of a Special Self-Governing Province, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

Nevertheless, at around 00:06 on July 10, 2019, the Defendant collected 10km-g from the Seocho River Dogdogdog, the inland waters located in the Bagdog-ri, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the Defendant collected 10km-g of 10km-dog, without obtaining permission from the head of Si/Gun, and carried out the gathering of shellfish.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. The current status of crackdown on illegal fisheries, and the application of photographic land statutes;

1. Relevant Article 25 (2) 1 and 9 (1) 4 of the Act, the selection of punishment for imprisonment for inland fisheries selected for the crime, and the selection of inland water fisheries selected for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in the main sentence of Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of the Social Service Order is that the Defendant, on August 31, 2013, committed an act of obviously risking water pollution in the water source protection area and of prohibiting the catching of fish and shellfish, and was punished by a fine of one million won as a violation of the Water Supply and Waterworks Installation Act from the support of the Youngju District Court to the Youngju District Court on December 16, 2013. From December 6, 2016 to May 16, 2017, he/she captured aquatic animals and plants using inland electric current more than ten times in total and engaged in fisheries in inland water and received a fine of one million won from the competent court on May 22, 2017 to May 23, 2017.

Nevertheless, the Defendant committed the instant crime of gathering shellfish in inland waters without obtaining permission from the competent authorities of different cities, thereby disturbing the order of inland fisheries.