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(영문) 전주지방법원 군산지원 2020.06.03 2020고정141
수산업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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, at around 19:00 on December 4, 2019, the Defendant conspired with B and C to collect sea water using diving equipment in E located in Gunsan-si, Gunsan-si.

From 21:00 to 23:35 on December 4, 2019, the Defendant collected sea divers from F points in Gunsan City (G) to wear diving equipment, such as air pipes, from the sea, and from the sea into the sea, and collected sea divers from the sea into the sea, and B collected sea divers from diving equipment (divers, ducks, secondary power control devices, respiratorys, respiratorys, brates, strings, backs, fences, fences, irrigations, projectes, air transits), and sea divers containers (e.g., blue) of the Defendant collected. C loaded sea divers from the divers to the coast, subsidized the Defendant’ divers’ wearing diving equipment, and the Defendant diversed the divers and divers collected by the Defendant, and arranged the divers.

Accordingly, the defendant, in collusion with B, C, collected approximately KRW 150,000 of the market price at sea by fishing methods other than those under the Fisheries Act or the Fishery Resources Management Act.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in B and C;

1. Police seizure records;

1. Reporting on arrest of persons who violate the Fisheries Act, application of Acts and subordinate statutes to photographs of evidence in violation of the Fisheries Act and copies of A national technical qualification certificates;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (The details and contents of the crime in this case, the age, character and conduct, family environment, health conditions, etc. of the defendant);

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (in cases of invalidation or revocation of suspension of execution of sentence);

1. Article 100 (1) of the Fisheries Act;

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