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(영문) 울산지방법원 2015.12.23.선고 2015고단2941 판결

수산자원관리법위반

Cases

2015 Highest 2941 Fishery Resources Management Violation

Defendant

A (79 years, South Korea), free from office

Prosecutor

Jinhee (Institution of Prosecution) and Professor-hee (Public Trial)

Defense Counsel

Law Firm Isra

Attorney Gyeong-hwan

Imposition of Judgment

December 23, 2015

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months.

Reasons

Criminal facts

No person shall possess, distribute, process, store or sell the fishery personnel captured and gathered in violation of an order under the Fishery Resources Management Act or the Fisheries Act or any products thereof.

Nevertheless, around 11 October 19, 2015, the Defendant: around 00, at the port of Ulsan-gu, U.S., U.S., for sailing the sea of Ulsan Coast, and captured and dismantled mincing the mincing S on the same day; around 00, at around 14:0, the Defendant captured and dismantled mincing the mincing S on the sea near the Dong-dong, Ulsan-gu, Ulsan-gu, and connected with the mincing net (net) 128 m powder, and connected with the mincing net, and then discovered about 144,000,000, and 048 mgg of marine animals and plants kept during the current year, and kept the mincing net at around 10,000,000 and kept the 10,000 P.M. at the same time until 20,000 P.M. at the same port.

Summary of Evidence

1. Defendant's legal statement;

1. Symna carrier Sho Lakes, seized bonds and photographs;

1. Protocol of seizure (No. 10 No.);

Application of Statutes

1. Relevant Articles of criminal facts;

Fishery Resources Management Act (Article 64 subparagraph 2), and Article 17

1. Selection of penalty;

Imprisonment Selection

Reasons for sentencing

In 2005, the Defendant committed a crime of violation of the Employment Security Act, which was involved in the operation of a sidewalk, while in 2011, the Defendant was punished for the suspension of the execution of imprisonment with prison labor due to a crime of aiding and abetting a violation of the Game Industry Promotion Act, which committed a crime of keeping the illegally captured high frequency with the aim of distributing it.

On the other hand, the punishment shall be determined like the order, taking into consideration the favorable circumstances that the confession of the crime, and that there is no record of punishment for the crime related to high frequency illegal capture.

Judges

For the remaining judge