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(영문) 청주지방법원 영동지원 2018.05.10 2018고정18

내수면어업법위반

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Defendants shall be punished by a fine of KRW 7,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Any person who intends to conduct the fishery of gathering or capturing shellfishes or other sedentary animals using fish tools for gathering shellfishs or other sedentary animals prescribed by Ordinance of the Ministry of Maritime Affairs and Fisheries within inland waters for the joint crimes of Defendants C and D shall obtain permission from the competent authorities;

Nevertheless, from May 22, 2017 to May 23, 2017, the Defendants, C, and D did not obtain permission from the competent authorities, and collected 150 km amounting to KRW 50,000,000 at the market price using the products used to gather shellfishes of 50,000,000,00 from May 23, 2017 to May 23, 2017.

2. No one shall capture or gather aquatic animals and plants in inland waters using explosives, toxic substances or electricity without obtaining permission from the competent authorities;

Nevertheless, in conspiracy with the Defendants on December 6, 2016, in the case of the Dong-gun, Chungcheongnamcheon-gun, the Defendants: (a) enter the Yancheon-do amusement park; (b) Defendant A, entering the river with a small rubber boat on board it; and (c) send the electric current to the water by using a distribution pipe for the same vehicle.

After cutting the water scrap, Defendant B captured approximately KRW 150,00,000,000 in total for 10,000,000 from May 16, 2017, and captured approximately KRW 150,000,00 in total, as shown in the list of crimes in the attached Table, in a manner that would inform Defendant A of the situation when the control team is called out at the work site. In addition, Defendant B captured approximately KRW 1,50,00,000 in total, as shown in the list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect by the prosecution against C or D;

1. Statement made by the police for E;

1. Each investigation report (the sequence 13 through 15, 17 through 19, 22) and documents attached thereto;

1. Each report on internal investigation (the sequence 4 through 6, 11, 12 in the list of evidence) and the application of the Acts and subordinate statutes attached thereto;

1. Relevant Articles and choice of punishment concerning facts constituting the crime;