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(영문) 춘천지방법원 강릉지원 2017.08.09 2017고단589
수산자원관리법위반
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for four months

However, the defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the owner of C(5.19 tons) and the captain of C(5.19 tons) and the person engaged in fishery as the captain, and the defendant B is the person working at C's workplace.

1. For the propagation and protection of fishery resources, no person who is a defendant A shall capture and gather females of not more than 9cm in body and booms of not more than 9cm in body;

Nevertheless, on March 28, 2017, the Defendant went through and depart from the above C (5.19 tons) at the order line of Gangseo-si on March 28, 2017. From around 04:20 to around 05:25 of the same day, the Defendant captured approximately 4.9 nautical miles at sea (2.9 east 37.5 east 128.5 meast 125 meast 15 meast 15 mix of body, the capture of which is prohibited, by means of a double net of about 90 mix and large 21 mix of body, the capture of which is prohibited.

2. No one shall possess, distribute, keep or sell fishery resources captured and gathered in violation of an order under the Fishery Resources Management Act or Fisheries Act or products thereof;

Nevertheless, on March 28, 2017, the Defendant: (a) performed the work of screening fish of fish in C, which is a fishing vessel owned by A located within the main port of Gangnam-gu, Gangnam-gu; (b) divided the body length of less than 90cm and the body length of less than 45cm and the body length of 21cm into C, which is part of a large store illegally captured by A; and (c) moved 21cm from the body body of C, which is part of which the Defendant illegally captured, and stored them into the body of the fleet and the ice in the vicinity of the main port.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of a loading certificate, a copy of a detailed statement of fishery permission, C entry and departure information, and C port data;

1. Application of the Acts and subordinate statutes governing evidence and release photograph;

1. Article 64 subparag. 1 and Article 14 subparag. 1 of the Fishery Resources Management Act - The capture of female brouts as indicated in the judgment below below the body length of the pertinent law and the selection of punishment against criminal facts A - The occupation of capture of female brouts under the judgment: Articles 64 subparag. 1 and 14 subparag. 2 and 17 of the Fishery Resources Management Act.

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