beta
(영문) 울산지방법원 2016.02.18 2016고단14

수산자원관리법위반

Text

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

The Defendant, from September 2014 to March 2015, is a person who operated a senior sales center of “D” with the trade name in South-gu, Chungcheongnam-gu, Seoul at the port of North Korea from September 2014 to March 2015.

No one shall possess fishery resources captured and gathered illegally or products thereof, and keep or sell them officially.

A. On March 2, 2015, the Defendant kept minke 700 kms in freezing and nearby freezing storage, which are installed in the said D restaurant.

B. On March 2, 2015, the Defendant: (a) packaged a total of KRW 4 km in the above D restaurant; and (b) sold a hotel in the name of “F” in the name of “F” in Busan Seo-gu; and (c) received KRW 280,000 from G operating a restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to notify the results of each investigation report, measurement certificate, each business registration certificate, measurement photograph, inventory confirmation certificate, delivery note, delivery document, photographic photography, photographic photo of senior class distributor, business registration certificate (F) photograph, financial transaction records, copy of a certificate of senior class distribution, business report certificate, request for appraisal of senior class DNA analysis sample, request for appraisal of previous class DN samples, and analysis of genes for investigation purposes;

1. Subparagraph 2 of Article 64 and Article 17 of the Fishery Resources Management Act concerning facts constituting an offense (a point of illegal capture, acquisition, and distribution);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 68(1) of the Fishery Resources Management Act and Article 48(1)1 of the Criminal Act is deemed to have been kept and sold minkes that the Defendant illegally captured.

The act of capturing, distributing, and selling the kept strings that do not have a small quantity, concealing the criminal act of the defendant's punishment, and mincings designated as endangered species is obviously illegal.