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(영문) 대구지방법원 포항지원 2020.05.14 2019고합95
특수공무집행방해치상등
Text

[Defendant A] The defendant shall be punished by imprisonment for a year and six months.

Seized articles 3, 4, 6, 8 through 19 shall be confiscated.

Reasons

Punishment of the crime

Defendant

A is a person engaged in fishery products sales business under the trade name of "D" in Nam-gu, Nam-gu, and Defendant B is a seafarer of E (4.99 tons, Pohang-si) who is a diving fishing vessel.

1. Joint criminal conduct by the defendants - No one who violates the Fisheries Act or any person who violates the Harbor Act shall capture, gather or cultivate marine animals or plants in any manner of fishery business other than those prescribed by the Fisheries Act or the Fishery Resources Management Act, and shall not capture, gather or cultivate marine animals or plants in the harbor without justifiable grounds;

Defendants captured marine animals and plants in a port where the capture of marine animals and plants is prohibited, and gathered by dividing the proceeds from sale, and Defendant A tried to operate a motor boat, etc. to move to the port, and Defendant B decided to take charge of obtaining and capturing marine animals and plants.

At around 21:00 on October 28, 2019, Defendants conspired to embark on the wharf of a fishing vessel located in the Southern-gu Busan River, together with a motor boat (FRP location, 30 miles) and moved to the wharf of the port of call, Defendant A operated the motor boat (FRP location, 30 EM), and Defendant B obtained locked equipment from water and captured approximately 220 km ( approximately 4 cm) at the water, and captured approximately 330 km ( approximately 6 cm) at the vicinity of the 1st wharf by the same method as on November 16, 2019.

As a result, Defendants conspired to capture marine animals and plants by fishing methods other than fishing under the Fisheries Act in the port without justifiable grounds.

2. Defendant A

(a) The owner of a fishing vessel violating the Fishing Vessels Act or the owner of a vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries shall register the fishing vessel in the fishing vessel register with the head of a Si/Gun/Gu having jurisdiction over the port where the fishing vessel or the vessel mainly enters or departs from the port or harbor, as prescribed by Ordinance of the Ministry

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