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(영문) 대전지방법원 홍성지원 2015.08.28 2015고단493
수산업법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

1. No person who violates the Fisheries Act and the Ship Personnel Act shall capture, gather or cultivate marine animals or plants in any manner other than those prescribed by the Fisheries Act or the Fishery Resources Management Act, and a person who intends to become a ship personnel shall obtain a license for marine officers from the Minister of Oceans and Fisheries

On December 23, 2014, the Defendant: (a) around 20:0 on December 23, 2014, the Defendant, without obtaining a marine officer’s license at the sea (36-20N, 126-30E) of the Yancheon-si Coast Guard (36-20N, 126-30E) and, without obtaining a marine officer’s license, was on board C as the captain of the ship’s personnel; (b) throw away the sea at high pressure by throwing a light pump net fishing gear in the above C; (c) throw the sea at low speed; and (d) took the 126 km of the opening price of the sea that forms the sea at the place by towing the fishing gear at low speed.

B. On January 10, 2015, around 19:00 on January 10, 2015, the Defendant, without obtaining a marine officer’s license at the sea (36-20-54N, 126-31-15E) of the Yancheon-si Coast Guard (36-20-54N, 126-31-15E) and on board C as the captain of a ship who is a ship’s personnel, captured approximately 8.40 km of the market value of the bottom of the said place in the said manner.

C. On January 24, 2015, the Defendant: (a) on January 24, 2015, without obtaining a marine officer’s license from the 1nautical miles northwester of Taecheon-si, Seocheon-si; (b) on board as the captain of C who is a ship’s personnel; and (c) captured approximately 140 gg of the opening price equivalent to KRW 8,40,00,000 at the bottom of the sea in such a manner as above.

2. On December 19, 2014, the Defendant filed an application for tax exemption transit 200 liters with the victim Bosa Fisheries Cooperatives, who was an employee in charge of the delivery of duty-free petroleum from the above associations, from the victim Bosa Fisheries Cooperatives, in Bosa-si, Yacheon-si, Yacheon-si.

However, in fact, the defendant thought that he would capture one-time illegal pumps fishing using the above exemption transit, such as the above paragraph 1, and will or ability to use the above exemption transit for normal purposes.

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