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(영문) 대구지방법원 포항지원 2018.07.20 2018고단329
수산업법위반등
Text

Defendant

A, C, and H shall be punished by imprisonment with prison labor for one year for each of them, and by imprisonment with prison labor for the crimes of paragraph 2 of the judgment of Defendant B, paragraph 3 of the judgment.

Reasons

Punishment of the crime

[criminal records] Defendant B was sentenced to a suspended sentence of two years for a violation of the Fisheries Act at the Ulsan District Court on November 14, 2017, and the sentence became final and conclusive on December 14, 2017.

Defendant

C On July 2, 2015, the Daegu District Court sentenced one year and two months of imprisonment for a violation of the Fisheries Act, etc., and completed the execution of the sentence in a permanent prison on November 20, 2015.

[2] No person shall capture, gather, or cultivate marine animals and plants by any fishing method other than those stipulated in the Fisheries Act or the Fishery Resources Management Act, and no person shall possess, distribute, process, store, or sell any marine animals and plants captured in violation of an order under the Fisheries Act or the Fisheries Act, except where he/she purchases, from a person who finds any naturally dead species of fish with fishing nets, fishing implements, etc. put into the sea, etc., in such a normal manner as transfer of ownership or successful bid, etc. through an auction entrusted to the fisheries cooperative.

1. Joint crimes by Defendant A, Defendant C, Defendant E, and Defendant F

가. 2017. 6. 13. 경 범행 피고인 A는 `Q` 의 선주, 피고인 C은 `Q` 의 선장, 피고인 E, 피고인 F, R, S, T은 `Q` 의 선원, 성명 불상자는 해상 운반 책으로서, 위 `Q `를 이용하여 밍크 고래를 불법 포획한 후 유통ㆍ판매하여, 그 수익금을 정해진 비율에 따라 분배하기로 공모하였다.

Accordingly, on June 13, 2017, Defendant C, Defendant E, F, R, S, and T are on board the “ Q Q” at the private Dong located in Kundo-Eup, Kundo-Eup, Kundo-si, Kundo-si, and depart from the west coast. After discovering mincing 1 math of the minc, which is a fishing gear that was previously in possession, led to the actual blood death, and then dismantled by drawing the fenc to the upper line, and they are in charge of transporting the fencing by leaving the fenc, which is a fishing gear that was prohibited in advance.

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