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(영문) 대구지방법원 2014.05.15 2014고단1498
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for six 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

No one shall possess, distribute, process, keep or sell fishery resources captured and gathered in violation of an order issued under the Fishery Resources Management Act and Fisheries Act, or illegally captured and gathered, and the female of a large scale shall be prohibited from capture during a year.

The Defendant, purchased from B on January 14, 2013, carried 6 fluorum fluorum (918ma) fluorum in a string vehicle, carried fluorum in a string vehicle C, brought fluorum to a storage, and carried and stored for sale purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect B; and

1. Application of Acts and subordinate statutes to a copy of seizure records;

1. Article 64 subparagraph 1 of the Fishery Resources Management Act and Article 17 of the same Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Fishery Resources Management Act prohibits the capture, storage, distribution, sale, etc. of female female, and the custody, distribution, sale, etc. of female female is more severe than the capture of female, but the act of keeping, distributing, selling, etc. of female female is not eradicated. Since the distribution, sale, etc. of female female is promoting large capture of female female, there is a need to protect fishery resources due to strict punishment, and the defendant is able to help and sell it in an enclosed warehouse with five persons, which is not visible from the outside, and when regulating D, it is recognized as a ground for sentencing that is disadvantageous to the defendant.

On the other hand, the fact that the defendant has divided his mistake, and that he has no criminal record or no criminal record of the same kind of criminal record or the suspension of execution is recognized as the grounds for

In addition, the defendant's age, character and conduct, intelligence and environment, motive, means and result of the crime, various sentencing grounds shown in the pleading, such as circumstances after the crime, shall be considered as the disposition.

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