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(영문) 대전지방법원 서산지원 2018.11.14 2018고단905
수산업법위반등
Text

Defendants shall be punished by imprisonment for one year.

However, the Defendants are above three years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is the owner of Mototodo D (4.57 tons) who is engaged in underwater leisure business and transportation business in Thai-gun E in Chungcheongnam-gun, Chungcheongnam-nam, and Defendant B and Defendant C are divings.

1. A person who violates the law of fisheries shall not capture, gather, or cultivate marine animals and plants by any means other than the fishing under the law of fisheries or the Fishery Resources Management Act; however, the Defendants conspired to distribute them in proportion to the ratio of subparagraph (C) to the sales proceeds excluding the expenses of catching, collecting, or cultivating marine animals and plants using diving equipment on May 2018.

Defendant A according to the above conspiracys

7.5. At around 10:30, near the Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, he had Defendant B and Defendant C, who had prepared personal diving equipment in advance, on board the said D, loaded eight air traffics, and moves the same surface satisfaction to the neighboring sea level. Defendant B and Defendant C, from around 11:00 on the same day, have captured sea water dials, respiratorys, air conditioners, duckss, duckss, dials, etc., which are diving equipment and divers and dives, and dives attached to the sea, and dives, from around 11:0 on the same day, have captured sea water dives, respiratorys, air conditioners, dives, water dives, etc., and have captured sea water dives captured by Defendant B and Defendant C to the above deck.

As a result, the Defendants conspired to capture the sea ginseng which is the marine animal and plant in a way other than fishing under the Fisheries Act or the Fishery Resources Management Act.

2. No person who violates the fishery resources management Act shall capture fishery resources in violation of Acts and subordinate statutes under the Fishery Resources Management Act concerning the period, area, depth, body length, and body length of fishery resources subject to prohibition of capture/collection thereof;

Nevertheless, from July 5, 2018 to July 31, 2018, the Defendants captured 110kg of the sea in the same manner as the above paragraph (a) at the sea near the Yanannam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the period of prohibition of capture of sea ginseng (from July 1 to July 31).

Accordingly, the Defendants conspired with each other.

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