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(영문) 대구지방법원 포항지원 2018.09.19 2018고정227
수산자원관리법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and B are seafarers of C(7.93 tons, old, shot, shot, and coastal fishing).

No one shall capture females in which capture is prohibited for the protection and reproduction of fishery resources.

Nevertheless, the Defendant and B conspired to distribute and sell after illegally capturing C’s vessel owner D, captain E, crew F, land transport volume G and female string.

Accordingly, the Defendant and B, D, E, and F, on December 22, 2017, are on board C at an interesting port located in the south-gu Sea-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

G It is delivered to G, and G illegally captured, distributed, and sold 5,812 mas of 5,812 mas in total four times from around that time to February 2, 2018, as shown in the list of crimes in the annexed crime committed in the following list, as it is operated by L located in the north-gu K at an port of port, which is directed by J to deliver by using I cargo vehicles.

As a result, the Defendant and B conspired with D, E, F, J, and G to illegally capture, distribute, and sell women who are prohibited from capture.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the prosecution against D or E;

1. A protocol concerning the examination of each police suspect against D, F, J, E, or B;

1. Each police statement made against L, G, N, orO;

1. Application of Acts and subordinate statutes on each mobile phone text, details of C entry into and departure from ports, C anti-port photographs, and fishing vessel lease contract;

1. Article 64 subparagraph 1 of the relevant Act concerning facts constituting an offense, Article 64 subparagraph 1 and Article 14 of the Management of Fishery Resources Selection of Punishment Act, Article 30 of the Criminal Act (the illegal capture of fishery resources), Article 64 subparagraph 2 and Article 17 of the Fishery Resources Management Act, Article 30 of the Criminal Act, and selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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