logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2012.10.18 2012노1060
내수면어업법위반
Text

The judgment of the court below is reversed.

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

The seized District Prosecutors' Office of the 2012 pressure.

Reasons

1. The summary of the grounds for appeal is sufficiently recognized in full view of the facts charged, such as the discovery of rubber boats and automobile lots at the site of this case, the fact that the Defendant claimed to have used them is able to see that they used them, making it difficult to see that they used them, and there is a possibility that the Defendant had concealed tools for committing crimes other than automobile distribution, but the court of original judgment acquitted the Defendant, and thus, it is erroneous in misunderstanding of facts.

2. The facts charged and the judgment of the court below

(a) No person prosecuted shall capture or gather aquatic animals and plants in inland waters using explosives, toxic substances or electricity;

Nevertheless, the Defendant, from 00:00 on February 16, 2012 to 02:00 on the same day, included the fishing gear that flows with flow of electricity in the water by using a motor vehicle exhaustter in the Ji Government-si C apartment, in the middle ditch, from around 00:0 to around 000 on the same day, and 150 Madle with a size of about 30 cm.

Accordingly, the defendant captured aquatic animals on inland waters using electricity.

B. The lower court rendered a judgment that acquitted the Defendant on the ground that the instant facts charged did not constitute a case where there is no proof of crime, on the grounds that the evidence, including the statement by the witness D of the lower court and the records of seizure, the list of seizure, and field photographs submitted by the prosecutor, is insufficient to acknowledge the instant facts charged.

3. The judgment of the political party is based on each evidence duly adopted and examined by the court below and the court below, i.e., ① rubber boats used by the defendant at the site of this case, and 150 Mariths contained in the water tank in the Defendant’s vehicle used by the police officer, ② the defendant was in a rubber boat in the middle Tran river at the time when the police officer was controlled, and the police officer D went away to the opposite to the police officer D at the time.

arrow