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(영문) 대구지방법원 영덕지원 2013.07.10 2013고단74

수산자원관리법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 24, 2013, at around 14:00, the Defendant: (a) purchased 1,375 maths, a fishery resource, the capture of which is prohibited, at the same place, at the same time, at the same time in the building located in Ulsan-gun B, Ulsan-gun, and carried and kept the large female female, a fishery resource, the capture of which is prohibited, at the same time, at the same time until 21:00 on the same day.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. To arrest and report persons who violate the Fishery Resources Management Act, and to enter such violations in and apply video-related Acts and subordinate statutes to the field control photographs;

1. Article 64 subparagraph 1 of Article 64 and Article 17 of the Fishery Resources Management Act, which prescribes the applicable law to facts constituting an offense and the choice of punishment;

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 Criminal Act for sentencing is that fishery resources management business operators are allowed to limit the period and objects of capture for the purpose of preserving the fish stocks, while restricting the period and objects of capture, in cases of female females, all the acts of capture, storage, distribution, sale, etc. are prohibited, and more severe punishment is imposed than the acts of capture, and distribution and sale of female females prohibited from capture are in the aspect of promoting the capture of female females, and there is a need for more strict punishment. In light of the fact that there are many criminal records against the Defendant, it is necessary to sentence the Defendant corresponding thereto.

However, it has been released after the seizure of all 1,375 masts of women who were in custody of the defendant, and there are all kinds of conditions of sentencing favorable to the defendant, such as the fact that the defendant has no criminal record of the same kind.