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(영문) 대구지방법원 포항지원 2014.01.09 2013고단1164
수산업법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant purchased the tickets illegally captured from the high-speed line and returned to the port, mountain, etc. and sold them to the high-speed retail company. The Defendant was willing to sell the tickets illegally captured from the high-speed line upon the request of C participating in the high-speed sales day, with the intention of selling the tickets illegally captured from C.

1. Around March 2013, the Defendant sold minc 1 Mama ( approximately 1 ton) illegally captured minc 1 to F, who operated a cafeteria in the freezing warehouse located in Ulsan-gun, Ulsan-gu, Ulsan-do, with the trade name “E” and received KRW 18 million in cash from G upon request from the said C upon receipt of the request from the said C.

2. On April 2013, the Defendant paid 16 million won in cash to the said F at the freezing warehouse located in Ulsan Metropolitan City H, Ulsan Metropolitan City H, and sold minton 1 1ma (per ton) that was illegally captured by G upon request from the said C upon request from the said C.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of each protocol of suspect examination of F and C by the prosecution;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 64 subparagraph 1 of Article 64 and Article 17 of the Fishery Resources Management Act, which prescribes the applicable law to facts constituting an offense and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the stay of execution (i.e., Article 62(1) of the Criminal Act (i., that the Defendant appears to have a certain degree of time to reflect on his or her wrongness through detention for a considerable period of time, and that the Defendant also reflects his or her wrongness, and that the benefits acquired

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