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(영문) 울산지방법원 2016.06.09 2016고단1213
수산자원관리법위반
Text

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

Reasons

Punishment of the crime

On April 5, 2016, at around 14:00, the Defendant embarked on C at the port of the North Gun Sea, which the Defendant operates, and arrived at a place indicated as a tag on the neighboring sea at around 16:00 on the same day, and at the place indicated as a tag at around 16:00 on the same day, and at the place, minc 94 g, total 1,410 g, which was illegally captured at such place, was loaded to the above C.

6. Around 02:00 G, etc., which entered the five wharfs in the North Gun/Sinsando, the port of loading and unloading agreed in advance with G, etc., and six wharfs in the North Gun/Sinsando, and loaded the said minc c, like D and E, onto the Fpoter cargo owned by D.

As a result, the Defendant conspiredd with G, etc. to distribute a minging device, which is fishery resources prohibited from capture.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the examination of the suspect against the accused (including a photograph of a penology attached thereto);

1. A protocol concerning the examination of the police officer in G;

1. An investigation report (specific with a line or carrier), an investigation report (Attachment to G mobile phone photographs);

1. Application of Acts and subordinate statutes to a certificate confirming entry into and departure from ships;

1. Articles 64 subparag. 1 and 17 of the Act on the Investigation and Resources Management of Specific Crimes; Article 30 of the Criminal Act; Article 30 of the Criminal Act; and Article 18 of the Act on the Grounds of the Punishment, etc. of Specific Crimes, which prohibit the capture of imprisonment internationally, requires strict punishment for illegal capture and distribution for economic benefits. The defendant appears to have engaged in considerable involvement in the distribution of the illegally captured scrap, and does not properly reflect on the crime, such as failure to faithfully engage in the investigation, and failure to properly state the circumstance of the crime. However, considering the circumstances favorable to the defendant, such as the defendant's age, sexual behavior, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc., taking into account the following factors: (a) the defendant's age, sex, family relation, home environment, motive and means of the crime, etc.; and (b) the defendant has no record of punishment for illegal capture and distribution.

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