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(영문) 춘천지방법원 강릉지원 2017.11.22 2017고단1160
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the captain of the fishing vessel B (3.1 ton) which is permitted to carry on the coast of Gangnam-si, and is engaged in fishery.

No one shall capture or gather fishery resources in violation of the period for prohibition of capture and gathering of fishery resources, or capture or gather female of specific species.

Nevertheless, on June 28, 2017, the Defendant: (a) departs from a gold port of Gangseo-si on June 28, 2017 with one seafarer; (b) from 04:30 to 08:30 of the same day to 08:30 of the same year, at the sea of approximately eight (8) days in gold port of Jin-gu.

5. 12. The capture of 150 masts and 15 masts, in such a way as to carry 25 tele-net fishing gear with a view to catching 15 masts and 15 masts in which capture is prohibited from being carried out from June to November each year.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on photographics, vessel entry and departure systems (5.10 to 6.30 entry and departure records) to persons who violated the Fishery Resources Management Act, and statutes on photographics of seized objects;

1. Article 64 subparagraph 1 of the relevant Article 64 of the Fishery Resources Management Act, Article 14 (1) (a violation of the period of prohibition of capture) of the relevant Act on criminal facts, Article 64 subparagraph 1 of the Fishery Resources Management Act, and Article 14 (2) (a violation of the period of prohibition of capture) of the fishery resources management Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of crime history, case history, etc.);

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