beta
(영문) 부산지방법원 서부지원 2018.01.16 2017고단1648

수산자원관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess, distribute, process, keep or sell fishery resources captured and gathered illegally or products thereof.

Nevertheless, around March 24, 2016, the Defendant illegally captured approximately 68,009 mnives of 145 mnives in Busan Metropolitan City, in the vicinity of the Yak-gu river mouth located in Gangseo-gu, Busan Metropolitan City, and sold to B 652,50 mives of 145 mives of snives, which are prohibited from capture, at night, in the manner of digging up to sunrise at night, and sold to B 652,50 mives of snives of snives of 140 times from March 24, 2013 to May 1, 2017, as described in the list of crimes in the attached Table, and illegally captured approximately 68,09 mives of snives of 124,681,150 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Copy of passbook B and C;

1. Responses requesting cooperation in investigation;

1. Application of Acts and subordinate statutes to a copy of a contract for sneeping transactions;

1. Article 64 of the relevant Act and Articles 64 subparagraph 2 and 17 of the Fishery Resources Selection and Management Act concerning facts constituting an offense, and the selection of punishment by imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the reason, period, and frequency of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the scale of transaction, etc., the liability for the crime is not easy. However, the Defendant’s full recognition of the crime and the failure to repeat the crime, the Defendant has no record of punishment exceeding the fine, and the Defendant’s age, sexual behavior, environment, motive and circumstance leading to the instant crime, method and consequence of the crime, and all of the sentencing conditions indicated in the present arguments and records, including the circumstances after the crime, shall be determined as ordered by taking into account the following factors.