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(영문) 대구지방법원 포항지원 2016.06.16 2016고단349
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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 is also the captain, E, F, G, and H are the captain, while the captain is also the captain, E, F, G, and H are the seafarers.

No one shall capture females in which capture is prohibited for the protection and reproduction of fishery resources.

In doing so, the Defendant, in collusion with E, has captured female female marbling, and has been gathered to distribute profits by distributing them at a certain rate.

On February 5, 2016, at around 04:55, the Defendant captured 630 maths of 2,000, the Defendant, along with E, etc., on a lecturer 2 at the south-gu Gyeong-gu Mag-gu Mag-dong Mag-dong 2, who was on board D at approximately 9 ma days from the port of the same port, and was engaged in the capture of 630 maths of the females, the capture of which is prohibited

As a result, the Defendant conspired with E, etc., captured 630 masts at the female 630 masts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each prosecutor's office concerning G, E, H, and F;

1. Police seizure records;

1. Application of statutes to certificates of loading, certificates of ship entry and departure, certificates of ship entry and departure, certificates of reporting on boarding of each seafarer;

1. Relevant Acts concerning facts constituting an offense, subparagraph 1 of Article 64 and Article 14 (2) of the Fishery Resources Selection Management Act, Article 30 of the Criminal Act, and selection of imprisonment with prison labor;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The number of females illegally captured is not large, the defendant's records of punishment, including twice a suspended sentence due to the same type of crime, have been seized and released at the same time: The number of females illegally captured and released is 11 years prior to the suspended sentence, and there is no record of punishment exceeding a fine, and the crime is not re-offending after recognizing the same;

It seems that there was an opportunity to care and reflect through detention between two months and two months.

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