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(영문) 대구지방법원 포항지원 2016.06.29 2016고단370
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for six 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

The defendant is the master who is the master of the ship B (9.77 tons, the main ship of the Si/Gu, the Si/Gu, the Si/Gu, the Si/Gu, the Si/Gu, the Si/Gun and the shore.

No one shall capture fishery resources less than 9cm in length, the capture of which is prohibited, for the protection and propagation of fishery resources.

Nevertheless, on December 30, 2015, the Defendant: (a) 08:20, around 08:20, on the west Jeju Jeju Jeju Island located in the west Jeju Jeju Jeju Island, and (b) 4 crew members, such as the above B, were on board the port of the above Hodo; and (c) 14 ma days away from the port of the west Jeju Island; and (d) captured 869 mags that are less than the length of body, the capture of which is prohibited by using the air-driven gear administered in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written confirmation of the completion of the capture and discharge of spores, evidence photographs;

1. Application of Acts and subordinate statutes to investigation reports (in cases of loading certificates and entry and departure declarations);

1. Article 64 subparagraph 1 of the relevant Act, Article 64 subparagraph 1 of the Fishery Resources Selection Management Act, and Article 14 (1) of the same Act, the choice of imprisonment (including a previous criminal record of suspended execution, and a person again commits the instant crime even though he/she had recently served the same kind of crime) with regard to the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. The community service order under Article 62-2 of the Criminal Act;

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