2016 Highest920 Fishery Resources Management Violation

Kim A (66 years, South Korea), and non-permanent,

Residence

Reference domicile

Shin Gyeong-Gyeong (Court Prosecution) (Court of Justice) and Kim Jong-sik (Court of Justice)

Attorney Yoon Byung-hee

May 19, 2016

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

No. 1, 2, and 3 shall be confiscated from the accused.

Criminal facts

No person shall possess, distribute, process, store or sell fishery resources captured and collected in violation of an order under the Fishery Resources Management Act or the Fisheries Act or products thereof.

The Defendant: (a) obtained a mincing line, which was captured by the passengers on board a ship in the root or sea; and (b) used the mincing line, which was illegally captured, along with thisB, to play a role in transporting the minc line to a mincing store by using the mincing line; and (c) conspired with B.

Accordingly, the Defendant, in collusion with thisB on April 6, 2016, was loaded in the freezing 2 freezing 82 Jeju 1715 on the same day after being loaded in excess of the market price of 1,180km (59 Glox x 20km) from mincing 1,180km from the illegal high-speed fishing business on the name of the new wall on April 6, 2016, and 82 weeks 17:00 on the same day, he was driving the said ring 30,000, and the Defendant possessed the said ing 00 direct 0-type 00 square meters from the 00 direct 00 direct sales outlet in Ulsan-gu, Ulsan-gu.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Articles of criminal facts;

Fishery Resources Management Act; Article 64 Subparag. 2 and Article 17 of the Fishery Resources Management Act; Article 30 of the Criminal Act; Selection of Imprisonment

1. Confiscation;

Article 68(1) of the Fishery Resources Management Act

Reasons for sentencing

○ Possession for the purpose of sale by transporting mincing and mincing that falls under the globally endangered species is likely to promote the illegal capture of mincing and mincing, and thus, need to be punished. The amount and value of mincing and keeping by the Defendant is equivalent to the amount and value of mincing and maintaining.

○ Even though the Defendant had been sentenced to a fine on September 2015 for the same crime, it seems that not only repeated the instant crime, but also engaged in illegal capture or distribution in light of the criminal records and the Defendant’s statement at the investigative agency.

○ Moreover, there is doubt as to whether the Defendant seriously commits a crime because the Defendant’s statements in the investigation agency and this court on the background of the crime and the accomplice’s statements are hard to obtain.

○ However, considering the circumstances favorable to the Defendant’s age, character and conduct, family relationship, family environment, motive and means of a crime, circumstances after a crime, etc., the punishment shall be imposed, taking into account the following circumstances: (a) the Defendant’s age, character and conduct, family relationship, family environment, motive and means of a crime; and (b) the circumstances after a crime.

Judges Lee Jong-sung