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(영문) 인천지방법원 2015.08.27 2015고단4187
수산자원관리법위반
Text

1. Defendant A shall be punished by a fine of KRW 2,00,000, Defendant B shall be punished by a fine of KRW 4,000,000, and Defendant G shall be punished by a fine of KRW 1,00,00.

Reasons

Punishment of the crime

Defendant

C On April 16, 2015, the Incheon District Court sentenced imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) and two years of suspension of execution for a period of one year and six months, and the judgment became final and conclusive on April 24, 2015.

1. Defendant A (Violation of Fishery Resources Management Act) is the captain of Jinjin-gun, Incheon Cheongjin-gun, Jindok Coastal Fishing Vessel K (79 tons).

If the Minister of Oceans and Fisheries deems it necessary for the propagation and protection of fishery resources, he/she may determine the period, area, depth of fishery resources, body length, weight of body, etc. during which capture and gathering are prohibited, and capture of fishery resources up to 6.4 cm in length in cases of fireworks.

Nevertheless, from May 29, 2015 to June 8, 2015, the Defendant captured 109 gnife (50 g per 1 flife) below the length of the body by departing from the workplace in the JJ of Incheon Cheongjin-gun, and releasing the self-net fishing gear from the inshore in the coastal waters of the fishing village of the Pyeongtaekdo.

2. Defendant B (Violation of Fishery Resources Management Act) is the owner of the above K, who is engaged in fishery as the owner of the said K.

The defendant, who is an employee of the defendant, captured A, in relation to the defendant's business, less than 109 fats below the body length, the capture of which is prohibited, as in paragraph 1 above.

(b) No person shall possess, distribute, process, keep or sell fishery resources captured and gathered in violation of an order issued under the Fisheries Act or any products thereof;

Nevertheless, around June 8, 2015, the Defendant sold 109 fats below 10,900,000 won (10,000 won per 1 fats) to C, which are less than the body length prohibited from capture in a M restaurant operated by C in the J of Incheon Cheongjin-gun, Incheon.

(c) The Minister of Oceans and Fisheries or Mayors/Do Governors may, if deemed necessary, designate and publicly notify places where fishery resources are sold subject to the recovery of fishery resources and the total catch quota, and fishermen shall implement plans for the recovery of fishery resources and total catch quota.

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