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(영문) 전주지방법원 남원지원 2019.02.12 2018고단288

내수면어업법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No one shall capture or gather aquatic animals or plants in inland waters using explosives, toxic substances, or electricity.

Nevertheless, around 04:00 on August 3, 2018, the Defendant captured C, which is an aquatic animal, in a manner that connects a string (i.e., the well-known laps) with a string of the water to flow electricity on the river by loading a truck exhaust with a rubber boat to the front public waters in front of the Jeonnam-gun B Village in the Jeonbuk-gun, the Defendant captured 33 mast and snick 8 mast, which is an aquatic animal, in the manner of cutting electricity on the river.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the relevant field and seized objects photographs, and the statutes governing captured fish;

1. Article 25 (1) and Article 19 of the Inland Water Fisheries Act applicable to the crimes, and Articles 25 (1) and 19 of the same Act, which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed the instant crime under the same veterinary method despite the fact that the Defendant had been already punished twice or more for the same type of crime of violating the Inland Water Fisheries Act. In particular, even though the Defendant was found to have committed the same crime on or around December 31, 2017, once again committed a crime of the same kind, it was impossible to do so and eight months, and it is disadvantageous to the Defendant.

However, considering the circumstances favorable to the defendant that the defendant was committed in order to raise living expenses, etc. while the defendant was suffering from economic difficulties, the punishment shall be determined like the order, taking into account all of the factors of sentencing specified in the arguments in this case.