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(영문) 대구지방법원 영덕지원 2020.06.17 2020고단76
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

The defendant is the owner and captain of the deceased-do-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-P

No one shall capture any body length of not more than 9cm.

Nevertheless, on March 7, 2020, at around 05:13, the Defendant: (a) boarded at the port of the death of the deceased and urine in the area of the death of the deceased and urine of the North Korean Peninsula; and (b) captured 133 mags, at around 06:30 on the same day, the Defendant captured 133 mags of the body, the capture of which is prohibited, by drawing in advance 10 nautical miless from the 10-nautical miles at the port of the South and North Korean port of death.

Summary of Evidence

1. Defendant's legal statement;

1. Each arrest report, internal investigation report, and investigation report (Attachment to data on the comprehensive system for management of entry into and departure from ships);

1. A copy of a written confirmation of discharge, discharge order, a copy of shipment certificate, and a fishery permit statement;

1. Application of each statute on photographs;

1. Article 64 Subparag. 1 of the Fishery Resources Management Act and Article 14(5) and (1) of the Act on the Punishment, etc. of Specific Crimes recognize the Defendant to commit the instant crime.

However, if the crime of this case results in the degradation of fishery resources and the nature of the crime is not easy, and the defendant has been sentenced to the suspension of imprisonment in 2003, the suspension of the execution of imprisonment in 2009, the fine in 2014, and the punishment has been imposed in 2014, and if the crime of this case again leads to the crime of this case, it is difficult to see that the defendant has good faith, and the amount of illegal capture has not been much much, it is hard to see that the defendant has good faith, and all sentencing factors specified in the argument of this case, such as age, environment, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, etc., are considered.

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