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(영문) 춘천지방법원 속초지원 2019.02.20 2018고단236
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who was on board as the captain of B (9.93 tons) which is an inshore fishing vessel at the time of early loading.

No fishing vessel shall be used to assist another fishing vessel engaged in other fisheries with the fishing method permitted to use the fishing vessel in the relevant fishing vessel.

Nevertheless, the Defendant, around October 31, 2017, she used gling fishing, etc. in the offshore waters around the Gangwon-Gyeongbuk-do coast, and she was engaged in fishing with gling fishing. On the back of the Young-gun, the Defendant: (a) used B’s gling fishing, etc., the captain of the ship, which is the captain of the ship, and (b) used B’s ging fishing, etc., to gather ging in the surrounding area; and (c) upon gathering ging the ging fishing, C took mass ging the gingred fish around B using trawls fishing gear; and (d) obtained 20% of the upper part of the upper part of the collected ging fish, as a compensation for mutual assistance.

Accordingly, the Defendant, using B’s aggregate fishing, etc., laid off around it, and caused D to capture the spawn load, which was laid down below B’s hull with a traw fishing gear, thereby receiving KRW 500,000 in cash in return for mutual assistance operations. From around that time to November 26, 2017, the Defendant committed an act to assist the operation of a fishing vessel operating trawls by clarifying the collective fish, etc. of an inshore fishing vessel for four times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of suspect regarding D prepared by the police;

1. Evidence, reference materials, and copies of books; and

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 64 subparagraph 4 of Article 64 and Article 22 subparagraph 1 of the Fishery Resources Management Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant denies the initial crime of the investigation but recognizes the crime since then, the number of cooperation assistance businesses.

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