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(영문) 전주지방법원군산지원 2020.12.23 2020고정381

수산업법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall capture, gather or cultivate marine animals or plants in any way other than those of fisheries under the Fisheries Act or the Fishery Resources Management Act.

Nevertheless, the Defendant, as the captain of the coast complex fishing vessel B (1.98 tons) in Changwon-si, Changwon-si, is the captain of the coast complex fishing vessel B (1.98 tons) from around May 3, 2020.

5. 4. 2:30, by the end of 2:2:30, the above fishing vessel is operated in the sea near the new port and port breakwater in the Sinsan City, and the guard set is reported, and the diving assistant C sent the work of putting the catches collected by divings from deck into the tidal wave by bringing in and arranging the catch (sea3) collected by divings, and sending the work signal to divings, and the diving department D and E shall have the diving equipment such as air, and captured approximately KRW 7.47,00,000,000,000,000,000 won in the market value of the sea living there.

As a result, the defendant collected marine animals and plants in collaboration with D, E, and C, by putting and diving air cryp, a fishing method other than commercial fishing in the fishery related Acts and subordinate statutes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, C, or D;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to the reply requesting the cooperation in investigation and investigation of the occurrence of the case, the report on the occurrence of the case, the fact of violation of the sea ginseng illegal fishing operations, the photograph of the non-licensed fishing vessel, the specific evidence collection photographs of the unauthorized diving vessel, the evidence

1. Article 97 (1) 4 and Article 66 of the Fisheries Act and Article 30 of the Criminal Act concerning the selection of criminal facts and punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Republic of Korea argues to the effect that part of the seized articles confiscated by a summary order against accomplices is owned by a third party and seek restitution. However, the above accomplices have become final and conclusive by not requesting a formal trial against the summary order, and in principle, the judgment that ordered confiscation of articles owned by a third party other than the defendant has become grounds for confiscation.