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(영문) 대구지방법원 포항지원 2018.01.10 2016고단1171
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the owner and the actual operator of B (9.77 tons, the loading of livestock on the sea, and the fishing vessel on the coast).

No one shall capture females, in which capture is prohibited for the protection and reproduction of fishery resources, and females less than 9cm or body length less than 9cm, and shall possess, distribute, process, store and sell fishery resources captured in violation of such prohibition.

Nevertheless, on November 22, 2014, the Defendant: (a) on board D, located in G in Ulsan-gun, Chungcheongnam-gun; (b) on the port-going port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-based port-related port-based port-based port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related port-related

As a result, the Defendant captured female females prohibited from capture and less than body size, and possessed, stored and sold them.

Summary of Evidence

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. Each protocol concerning the examination of a police officer in relation to F, G, H, I, J, or K;

1. A loading certificate, a fishing vessel inspection certificate, and a detailed statement of fishery permission;

1. Application of a copy of books and Acts and subordinate statutes on trading;

1. Article 65 Subparag. 1, Article 14 of the former Fishery Resources Management Act (amended by Act No. 13270, Mar. 27, 2015; hereinafter the same shall apply), Article 64 Subparag. 1, and Article 17 of the former Fishery Resources Management Act (amended by Act No. 13270, Mar. 27, 2015; hereinafter the same shall apply), which pertains to the crime, and the choice of punishment, (the violation of prohibition of possession, storage, and sale of illegal catches; the choice of imprisonment with labor);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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