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(영문) 대구지방법원 포항지원 2017.01.11 2016고단1441

수산자원관리법위반

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

The Defendant is the captain of C (7.93 tons, Si/Gu, Si/Gu, Si/Gu, Si/Gun/Eup, and Gun fishing vessels into coastal waters). D is the captain of the said C, and D is the crew of the said C, and I is the person engaged in the said C’s business affairs, such as sales and settlement of sales proceeds.

No one shall capture fishery resources less than 9cm in length, the capture of which is prohibited, for the propagation and protection of fishery resources, and no one shall capture fishery resources captured in violation of such prohibition and keep and sell in public.

Nevertheless, in collusion with the above D, E, F, G, H, and I, the defendant captured the above D, E, F, H, and I, sold it to the distributor, and intended to distribute the profits at a certain rate.

Accordingly, on December 1, 2015, the Defendant: (a) was on board with the above E, F, G, and H, and (b) was on board at the monthly port located in the north-gu, Mapo-gu, Mapo-si; (c) was released from the Gyeong Young-gun, the Gyeong Young-gun, the Hapo-gun, on the surface of the Dongpo-gun, and entered into the port after capturing 3,225 ma of the body below the body that is prohibited from capture by using the open air gear to be administered in advance; and (d) the said I was waiting in advance at the above Mapo-si; and (c) was waiting in advance at the above Mapo-si, as indicated in the list of crimes in the attached Table, the Defendant captured and sold a total of less than 16 times from around the above date to December 30, 2015, with a total of 22,368 ma.

Accordingly, the Defendant, in collusion with the above D, captured and stored and sold the captured body below the prohibited length of body.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of each protocol of examination of the police officer in relation to J, I, D, F, G, H, and E;

1. Copies of a seizure record and a seizure list;

1. Application of Acts and subordinate statutes to a report on internal investigation (related to attachment of seized sites and photographs), and report on internal investigation (related to the details of seizure of the C transaction site);

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