logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2018.07.24 2018고단614
수산업법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of 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 and plants by means of fisheries other than those under the Act on Fisheries or the Management of Fishery Resources.

Nevertheless, the Defendant conspiredd to illegally capture the minke line on the coast as the crew members of D, E, D’s captain, G, and H as D’s crew members.

Defendant, F, G, and H on April 4, 2016 when boarding D and departing from the port of non-emergency in Gunsan on April 17:0, 2016, and discovered mincing 1 string in the sea near the fishing Cheongdo on April 5, 2016. G was put on a minc string string to be injured by a minc string to the waters of a minc which was prepared in advance on the D deck, and the Defendant and H captured 1 minc string in a way that the minc string can not run deeply.

Accordingly, the Defendant captured minc 1ma in collusion with E, F, G, or H in a way other than permitted fisheries.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol for the examination of police officers in relation to I, J,K, L, E, M, N, F,O, P, Q, S, T, G, and H;

1. The application of Acts and subordinate statutes to investigation reports (the specification of vessels and carriers already captured and transported), investigation reports (Attachment to D Operational Records);

1. Relevant Article 97 (1) 4 and 66 of the Fisheries Act, Article 30 of the Criminal Act concerning facts constituting an offense, and Articles 97 (1) 4 and 66 of the same Act, and Article 30 of the same Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant committed the instant crime without being sentenced to a two-year suspended sentence for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on November 12, 2015, even if he/she was sentenced to a two-year suspended sentence for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes.

arrow