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(영문) 울산지방법원 2016.10.13 2016고단2225
수산업법위반
Text

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

Reasons

Punishment of the crime

At all times, the Defendant conspired to capture minc course with C’s captain D, crew E, and captain G of F, crew H, etc. who is the shipper of the port of the Dong and Dong, in the south of Korea.

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.

1. On March 26, 2016, at around 15:50, the Defendant was on board C, which is operated by D, and entered the port from the North Korea of the Yanpo-si, Jeonnam-si, and discovered about about 27:0 of the same month following the following day. At around 20:00, the Defendant discovered about 50-day mincing a minc line at the sea at approximately 50-day coast.

D The operation of C, tracking the above mincing class, and the defendant caused the death of the defendant by sticking the mincing at C several times, such as mincing at C.

On the other hand, G prevented mincing the air route while operating F according to the above mincing, and H observed the movement of mincke and informed the Defendant.

Accordingly, the Defendant captured the above mincing in collusion with D, G, H, etc. by means of fisheries other than licensed, permitted, or reported fishery.

2. At around 15:00 on March 30, 2016, the Defendant: (a) boarded C at the port in the territorial sea of the Yong-Namnam-gun; (b) discovered mincing the mincing course at around 50 math of the 31st of the 31st of the same month following the following day; (c) discovered the mincing course at the sea of approximately 50 miles, the crew of F, who is the crew of G, operating at the port of the Northwest-gu, Mapo-gun; and (d) caused the death of the excessive running of the minc line at the minc line, thereby preventing the mincing course while operating the mincing course; and (d) the Defendant was informed to H, etc. by observing the movement of mincke.

Accordingly, the Defendant captured the above mincing in collusion with D, G, H, etc. by means of fisheries other than licensed, permitted, or reported fishery.

3. On April 5, 2016, at around 03:30, the Defendant embarked on C, operated by D, and set mincing at the sea of about 50 ma days from thewest of the above North Korean port, around 20:00 on the same day after departing from the territorial port of Yong-Nam-gun.

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