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(영문) 대구지방법원 영덕지원 2017.05.12 2017고단58
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for four 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

No one shall capture a body 9cm or less with the length of 9cm or less.

Nevertheless, around 08:00 on January 24, 2017, the Defendant captured 460 Madle, the body length of which is less than 9 cm by using a self-net fishing gear, which was throwed in advance at the sea of 30 Madle-do, the 30 Madle-do.

Summary of Evidence

Article 64 Subparag. 1 and Article 14 Subparag. 1 of the Act on the Suspension of Execution of the Punishment of Fishery Resources (Appointment of Imprisonment) concerning Defendant’s statutory statement seizure protocol and list of seizure, decision on release of illegal catches, confirmation letter of completion of release of illegal catches, release photographs, evidence photographs, shipping certificates, and criminal facts subject to the application of fishery permit law, and the crime of this case on the grounds of sentencing of Article 62-2 of the Social Service Order Criminal Act Article 62(1) of the Criminal Act (Appointment of Imprisonment) of the Act on the Suspension of Execution of Sentence 62(1) of the Act on the Punishment of Social Service, the quantity of which

The fact that the defendant has been sentenced three times to a fine due to the same crime is also disadvantageous.

However, considering the favorable circumstances that the defendant's mistake and reflects the fact that the illegal fishery products captured by the defendant have been released, the restoration of the situation before capture has been made, and that the defendant's consciousness wants the defendant's preference, the punishment as ordered shall be determined by taking into account all the sentencing conditions, such as the defendant's age, sex, environment, details and result of the crime, and circumstances after the crime.

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