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(영문) 인천지방법원 2017.03.31 2016고정3674
수산자원관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who sells fishing gear, such as nets, in the name of “D” in Jung-gu Incheon Metropolitan City.

No one shall manufacture, sell or carry fishing implements, other than the fishing implements licensed, permitted, approved or reported, and fishing implements, the use of which is prohibited under the Fishery Resources Management Act.

Nevertheless, around September 8, 2016, the Defendant displayed 4 3rd nets (50,000 won per opening) (50,000 won per 50 meters) that he purchased and directly produced the original body at the place of business “D” around September 11, 2016 for the purpose of selling to fishing teams, etc.

Accordingly, the Defendant manufactured and loaded the fishing gear prohibited from being used for the purpose of sale.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Voluntary submission, evidence of seizure and application of Acts and subordinate statutes to photographs;

1. Article 65 of the relevant Act concerning facts constituting an offense, and Articles 65 subparagraph 6 and 24 of the Fishery Resources Selection and Management Act, and selection of fines;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant is considerably old and has no record of criminal punishment before this case).

At present, the health status of the defendant is not good, and his mistake is divided and reflected.

In addition, the suspension of the fishery network sales business carried out by the defendant is not likely to repeat the same crime as in this case.

regarded as such.

In addition, various sentencing conditions, such as the defendant's motive for committing the crime, sexual conduct, family circumstances, etc., shall be comprehensively taken into account.

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