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(영문) 창원지방법원 마산지원 2017.08.09 2017고단605
공무집행방해등
Text

Defendant

A Imprisonment of one year and six months and a fine of one million won, Defendant B’s imprisonment of one year and a fine of one million won, and Defendant B.

Reasons

Punishment of the crime

Defendant

A is the owner of the E and F of the composite fishing vessel E and F.

Defendant

A around June 2014, on condition that Defendant B receive KRW 2,40,000 per annum, provided Defendant B with the above fishing vessel to be used in diving fishery, such as: (a) the operator of the fishing vessel, (b) the operator of the engine installed in Defendant B to carry on illegal diving fishery; (c) the replacement of the engine installed in Defendant B to high-speed engines; and (d) the capture of 333,00,000 won for the engine price replaced by the sale and replacement of the 16,00,000 won; and (c) the criminal suspect provided the above fishing vessel to Defendant B to be used in diving fishery; and (d) the Defendant conspired to illegally capture 33,00 with Defendant C.

On January 2017, Defendant A proposed that Defendant D be engaged in illegal diving fishery by using F, and Defendant A provided a locked air source. Defendant D left the port along with the diving unit and conspired to divide the sea ginseng illegally captured by the diving unit into weight and sell G to H who operated G.

1. No one shall capture, gather, or cultivate marine animals and plants by any means other than those of fishery business under the Act on the Management of Fisheries or the Fishery Resources;

Nevertheless, the Defendants conspired to engage in illegal diving fishing as above, and then, Defendant B and C got on board the ship to the above E at the Seocho-dong Port located in Changwon-si, Changwon-si, Changwon-si, Masan, on March 2017, and then came to the court near the same Gu I, and captured the sea cry which Defendant C was divingd and inhabited on the sea bed, as shown in the list of crimes in the attached Table 1, from March 2017 to April 26, 2017, and captured approximately KRW 4,490,000 of the market price from March 23, 2017.

As a result, Defendants conspired to capture marine animals and plants in a manner other than those stipulated in law.

2. Joint crimes committed by Defendant A and B;

(a) a violation of the law of fisheries;

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