Ga. Violation of the Fisheries Act

(b) Violation of fishery resources management Act;

1. (a) A - South 63. C

2.(a) South 6. South 66

3. (a) C. South 73. Livelihood

4. (a) D. D. 62. Livelihood

5. A. E 72 South

6. A. F. F. F. H.W. 62

7. A. G 76. G Sheet

8. A. H H 71. Raw She

9. (a) I South 79. Symar

10. (a) J 72 J

11.(b) K 68 South

12.(b) L 57 L L 57

13.(b) M M 78. R Z

Kim Jong-hee (Court Prosecution) and Kim Min-hee (Court Decision)

Attorney Park* (Defendant B, E, G, H and J)

Law Firm Professor, Attorneys Kim Jong-soo (Defendant K)

July 18, 2019

Defendant A, B, and H Imprisonment with prison labor for one year, and Defendant J for ten months, Defendant D, and G, respectively.

Defendant E, and F, each of six months of imprisonment, each of six months of imprisonment, Defendant C, I, K, L, and M, each of four months of imprisonment.

A person shall be punished.

Defendant C, I, L, and M for each one year, Defendant G, E, and F from the date this judgment became final and conclusive.

For each two years, the execution of each of the above punishments shall be suspended.

Criminal facts

【Criminal Power】

Defendant A was sentenced to six months from September 16, 2015 to imprisonment with labor for a violation of the Fisheries Act, etc. by the Ulsan District Court on September 16, 2015 and completed the execution of the sentence at the Ulsan District Court on November 18, 2015.

Defendant D was released on January 29, 2016 from the Ulsan District Court on July 10, 2015 by Defendant D for a violation of the Road Traffic Act, etc., and was sentenced to imprisonment on January 29, 2016, and the sentence was completely executed on February 24, 2016.

[Criminal Facts]

No one shall capture or gather fishery animals and plants by any means other than those of fisheries under the Fisheries Act or the Fishery Resources Management Act, and shall not capture, distribute, process, store or sell fishery resources, the capture or collection of which is prohibited, or products thereof.

1. Defendant A, B, C, and J’s N,O, P, Q, R, S, U, V,W, W, X, Y, and joint crimes with Z (hereinafter “○○○,” hereinafter), and △△△ Group)

N as the actual owner of ○○○, a minminated fishing vessel (9. 77 tons, coastal fishing vessels, and fishing repair units). P, Q, R, U, and S respectively as the crew of ○○○○○○○○, and W, as the actual owner of minc and fishing vessels (9. 77 tons, coastal fishing vessels, fishing vessels, fishing vessels, and fishing vessels). The captain of the “V”, Defendant J and X as the crew of the “△△△△△△△△△△△△,” and the captain of the vessel, who has been engaged in the minc and fishing vessel, jointly with the captain of the vessel, according to the ratio determined by the “△△△△△△△△△△△△△△△△△△△△△△,” and the captain of the vessel, who has been engaged in the minc and fishing vessel, to jointly engage in the minc and fishing vessel.

이에 따라 피고인 A , 피고인 B , 피고인 C와 Y , Z는 2017 . 7 . 17 . 03 : 35경 울산 동구 00동에 있는 # # 항에서 ' △△호 ' 에 , P , Q , R , U , O , S는 같은 날 04 : 00경 울산 남구 ▦ ▦▦동에 있는 ▦▦▦항에서 ' ○○호 ' 에 , 피고인 J와 V , W , X는 같은 날 04 : 00경 ▦▦ ▦항에서 ' 호 ' 에 각 승선하여 포항시 남구 구룡포 부근 동해안 해상으로 출항한 후 , 유영중인 밍크고래 2마리를 발견하고 미리 소지하고 있던 금지된 어구인 작살로 찌르는 방법으로 밍크고래를 실혈사에 이르게 한 다음 선상으로 끌어 올려 부위별로 해체하고 , 이를 자루에 담아 부표를 이용해 해상에 띄워 놓았다가 해상운반책인 aa에 게 위 밍크고래 2마리를 인계하였다 .

On the other hand, N and land transport volume b, at the port of port, was transferred from the above minc and 2 mb to the above minc and b to the passenger of Loneex at the Doldong Bathing Beach, and transported N and Ma to the warehouse located at N and MaMa, and N sold them at KRW 37 million to c.

Accordingly, the Defendants conspired with N, etc. to capture marine animals and plants by fishing methods other than those of fishery under the Fisheries Act or the Fishery Resources Management Act.

2. Joint crimes committed with Defendant A, D, E, F, G, H and Do○○, Defendant J, Defendant I’s Y, the largest ○, ○○, and N, and joint crimes committed with Defendant A, D, E, F, H, H and Do○, Defendant J, Defendant I’s Y, the largest ○, and N (hereinafter referred to as “△△△,” and $$$$ 10)

The most recent illegal fishing vessel is the actual owner of the $$100 (9. 77 tons, coastal fishing, and interested fishing). The captain, the defendant J, the defendant J, the defendant H and the defendant I were employed as the crew of the "$1000," respectively, and L was employed as the crew of the "$100,000,000,000,000,000,000,000,000,000,000,0000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,000,00,000,00,00,00.

이에 따라 피고인 G , 피고인 H와 지○○ , 피고인 J , 피고인 I는 2018 . 2 . 9 . 07 : 16경 군산시 옥도면 ■■■리 ■■■ 항에서 ' $ $ 호 ' 에 , 피고인 A , 피고인 D , 피고인 E , 피고 인 F와 Y , 최○○은 위 일시 , 장소에서 ' △△호 ' 에 각 승선하여 위치를 알 수 없는 서 해안 해상으로 출항한 후 , 유영중인 밍크고래 1마리를 발견하고 미리 소지하고 있던 금지된 어구인 작살로 찌르는 방법으로 밍크고래를 실혈사에 이르게 한 다음 선상으로 끌어 올려 부위별로 해체하고 , 이를 자루에 담아 부표를 이용해 해상에 띄워 놓았다가 K가 보낸 성명불상의 해상운반책에게 밍크고래 1마리를 인계하였다 .

The Dolle and N, the coast of which is minging from the above maritime transport franchising to the warehouse located in 00, Nam-gu, Ulsan-gu, U.S. and sold to L, and the coast was 40,000,000 won.

As a result, the defendants capture marine animals and plants by fishing methods other than the fish industry under the Fisheries Act or the Fishery Resources Management Act in collusion with the largest, etc.

3. Defendant A, D, E, F, G, H, and Do○○○○○○○○, Defendant J, Y, ○○, and joint crimes with the largest head of the Gu, △△△, and $$ $$$ $$$ 30,00)

Defendant G as the captain, Defendant J, Defendant H, Defendant H and Do○○, and Do○○○, respectively, employed Defendant A, Kim △△△△, Defendant E, and Defendant F and ○○ as the crew of the “Switzerland △△△△△△,” and conspired to illegally capture mincing a line in a joint manner at the prescribed ratio of the profits, and to distribute the profits at a fixed ratio.

Accordingly, on March 2, 2018, Defendant G, Defendant H and Do○, Defendant J and Do○○ entered the sea of the following: around 08: 16, Defendant A, Defendant D, Defendant E, Defendant F and Y, the maximum amount of ○○, on board each of the instant “△△ho” and the location of Defendant A, Defendant E, Defendant E, Defendant F and Y, and Y, at the above time, at the port, and at the port, it is impossible to identify the location, and then depart from the sea of the coast: (a) he discovered a mincing 1 miles, which is a fishing gear that was prohibited in advance and possessed, and removed the minc and the mincing to the ship, and then removed the minc and the mincing to the sea by making the mincing string in his name and keeping the minc at the sea.

The Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro (2/3 quantity) received 38,000,000 won from L and sold the remaining 200 km (1/3 quantity) to unspecified customers. The Mag-gu, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag-ro, the Mag

As a result, the defendants capture marine animals and plants by fishing methods other than the fish industry under the Fisheries Act or the Fishery Resources Management Act in collusion with the largest, etc.

4. Defendant K

On February 9, 2018: at least 00, the Defendant was requested from N to transport 1 miles, which was illegally captured, from the coast located on the west-gun, Man-gun, Man-gun, Man-gun, Man-gun, Man-gun, and requested from N to the marine transport Don-man, which was known to the general public, so that the above gringing and 1 miles may be carried to the above ging and ging and ging and ging and transporting the above ging and ging and ginging to N, where the name of the vessel is unknown.

Accordingly, the defendant possessed, distributed, processed, stored, or sold fishery resources, the capture of which is prohibited.

5. Defendant M

A. On February 10, 2018, 04: 00 to 06:0, the Defendant: (a) received a request from the Magsan-dong 00-dong 00-dong 00, the Defendant, as above, engaged in the work of screening mincing 1 ma, which was illegally captured and transported on the top of the parts and contained in the Magro, as described in the foregoing paragraph 2, in a warehouse near the Nam-gu 00-dong 00-dong 100-dong 00-dong 00, and then

B. On March 3, 2018, 05: 00 to 07:0, the Defendant: (a) upon the request of the largest of the places at the above location at around 00: (b) and upon the request of the head of the Gu, engaged in the commission of mincing 1 ma which was illegally captured and transported to be contained in the self-defluence as set forth in the above paragraph (3) and then by screening minc 1 ma on each side of the wooden boxes

Accordingly, the defendant possessed, distributed, processed, stored, or sold fishery resources, the capture of which is prohibited.

6. Defendant L.

가 . 피고인은 2018 . 2 . 10 . 06 : 00경 울산 남구 00동 00시장 부근 창고에서 최□□로 부터 위 2항과 같이 불법 포획한 밍크고래 1마리를 4 , 400만 원에 구입하여 피고인이 운영하는 울산 남구 ▦▦▦동에 있는 ' 집 ' 식당 냉동창고에 보관하면서 불특정 손 님들에게 판매하였다 .

B. On March 3, 2018: around 07: 00, the Defendant purchased 400 km out of the mincing class 1ma, which was illegally captured by the Defendant, from the largest Dog, as described in the above paragraph (3), at the above restaurant operated by the Defendant, at KRW 38 million, and sold it to unspecified customers while keeping it in the above restaurant, freezing and warehouse.

Accordingly, the defendant possessed, distributed, processed, stored, or sold fishery resources, the capture of which is prohibited.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

A. Defendant A, B, C, D, E, F, G, H, I, and J: Articles 97(1)4 and 66 of the Fisheries Act; Article 30 of the Criminal Act (the choice of each imprisonment)

(b) Defendant K, L, and M: Each of the subparagraphs 1 and 17 of Article 64 of the Fishery Resources Management Act (Selection of Imprisonment)

1. Aggravation for repeated crimes (Defendant A, D);

Article 35 of the Criminal Act

1. Concurrent crimes (Defendant A, D, E, F, G, H, J, L, M);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution (Defendant C, I, G, E, F, L, M);

Article 62(1) of the Criminal Act

Reasons for sentencing

The degree and frequency of the Defendants’ participation, the relationship between the former and the former, and the fact that all the Defendants were led to confession and reflect on the crimes, and all other conditions of sentencing such as the age, environment, motive, and background of the crimes shall be determined by taking into account. In the case of Defendant A, Defendant B had been involved in the crime three times during the same repeated crime period, and Defendant B committed the same crime at least three times during the same period of suspension of execution, and Defendant A committed the same crime at least three times during the same period of suspension of execution. Defendant H had reached three times in the case of the same kind of crime during the period of suspension of execution of execution, and was committed during each of the same kind of crimes. Defendant J was punished two times in the case of Defendant J, and one of them was punished by imprisonment (a suspended execution) and three times in the case of Defendant D, which is inevitable during each repeated crime during the period of imprisonment with prison labor. Defendant D was punished by imprisonment with prison labor for the same kind of crime during each of the following two times during the suspension of execution of execution of execution of each of each of each of execution.

Judges Kim Jong-ok