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(영문) 대구지방법원 포항지원 2015.07.23 2015고단188
수산자원관리법위반등
Text

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

However, 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

[2] No person shall possess, distribute, process, keep or sell fishery resources or products captured and gathered in violation of an order under the Fishery Resources Management Act.

Nevertheless, at around 23:00 on December 11, 2012, the Defendant purchased 30 square meters ( approximately 4,000 mar) of females who are prohibited from capture by men who cannot be identified at the public parking lot in the Nam-gu, Nam-gu, Nam-gu, Yangpo-si, Yangpo-si, and sold them at KRW 3 million on December 12, 2012, at around 03:00 on the same day as 03:0 on December 12, 2012.

[2015 Height352] On February 14, 2012, the Defendant: (a) caused the victim E (the age of 28) who is a substitute driver on behalf of the Defendant to drive the Defendant’s motor vehicle in South-gu B at the port of port; (b) caused the Defendant to put the vehicle in front of the G Hospital emergency room located in North-gu F at the port of port on the ground that the Defendant was not driving as the way desired by the Defendant; and (c) caused the Defendant to inflict an injury, such as the Defendant’s 14-day base and tension, which requires the victim’s face on his/her hand, by making the victim different from the vehicle, 7,8 times at one time, and having the victim do so.

Summary of Evidence

[2015 Highest 188]

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Each police statement of H [2015 high-ranking 352]

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 64 subparagraph 1 of the same Article and Article 64 of the Fishery Resources Management Act, Article 17, and Article 257 (1) of the Criminal Act (the occupation of selling fishery resources illegally captured and the choice of imprisonment) of the same Act concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments for the crimes of serious injury, which are prescribed by the heavier punishment);

1. Article 62 (1) of the Criminal Act;

1. Probation and circumstances unfavorable to the sentencing of Article 62-2 of the Criminal Act: the defendant.

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