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(영문) 대전지방법원 홍성지원 2015.09.02 2015고단290 (1)
특수절도등
Text

Defendant

K shall be punished by imprisonment with prison labor for not less than six months, for defendants L and M, for four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

No one shall capture or gather marine animals or plants in a manner other than that of fisheries under the Fisheries Act, and in particular, he/she shall capture or gather marine animals or plants after obtaining them in water by using air fries.

A was the actual owner and captain of F(3 tons), and the defendant K, the defendant L, and the defendant M were willing to get on board the above F and to take the dissolved using the illegal diving machine in Bona City.

At around 23:30 on April 29, 2015, Defendants: (a) provided said F; (b) provided Defendant K, Defendant L, and Defendant M left the port after loading equipment, such as diving clothes, air conditionings, air conditionings, and force strawet for illegal diving; and (c) around 01:47 on April 30, 2015, Defendants A operated the said F with H adjacent sea (I, J) located in G, and Defendant K, Defendant L, and Defendant M obtained the said diving equipment from the water and collected 1680,000,000 won at the market price.

As a result, the Defendants engaged in the operation of diving machines without permission and captured and collected marine animals and plants by means other than fishing under the Fisheries Act.

Summary of Evidence

1. Each legal statement of defendant K, L and M;

1. photographs showing the detection of 3 multi-cybers;

1. Sovereign photographs related to illegal divings;

1. Receipts for illegal catches (referring to sea ginseng and so on);

1. A report on internal investigation (referring to the computation of the market price of the tidal ginseng);

1. Application of the statutes governing the place where fishery products are sold;

1. Relevant Articles and 97 (1) 4 and 66 of the Fisheries Act, and Article 30 of the Criminal Act, for the defendants who choose to commit the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, an act of fishing without permission is an act of causing serious damage to fishermen who faithfully engage in fishing activities after obtaining a lawful license, and Defendant K and L are punished for illegal fishing.

(b).

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