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(영문) 대구지방법원 포항지원 2013.07.03 2013고단470
수산자원관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for not more than ten months, and by a fine not exceeding three million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

No one shall possess, distribute, process, keep, or sell fishery resources, the capture of which is prohibited, and the female of booms and 2 chests not more than 9 cm (hereinafter referred to as "booms") shall be prohibited from capture during the year.

1. Defendant A is engaged in sales and distribution business with the trade name called D in North Korea-gu, North Korea-si, North Korea-si, and the following:

A. On February 27, 2013, at around 17:00, around 17:00, he purchased 80 masts and 411 maths of snow, which are less than 80 masts of body, and kept the 350 masts and 350 masts of snow for the purpose of sale to visitors and door-to-door customers, and kept them in the string 61sts of body shortage at a soup.

B. On March 4, 2013, around 16:00, from distributors as indicated in the preceding port, purchasing 185 marily and 880 marily and physically less than 180 marily and kept them in the water capacity room for sale to visitors and door-to-door customers.

As a result, the Defendant possessed, distributed, processed, and stored fishery resources, the capture of which is prohibited twice.

2. Defendant B, while being aware of the fact that Defendant A distributed, processed, and stored the female of a large store illegally captured and the body falling short of the body room, as described in the preceding paragraph, he aided Defendant A to facilitate Defendant A’s act of violating the Fishery Resources Management Act by putting the female of a large room in the D business place from around December 2, 2012 to March 4, 2013, with the knowledge of the fact that Defendant A distributed, processed, and stored the female of a large room and the body falling short of the body room.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on the occurrence of the case;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing D on-site control photographs;

1. A defendant who has the relevant legal provisions and choice of punishment for a crime: Article 64 subparagraph 1 of the Fishery Resources Management Act and Article 17 of the same Act: Article 64 subparagraph 1 of the same Article and Article 17 of the Fishery Resources Management Act, and Article 32 of the Criminal Act;

1. Defendant B who is legally mitigated;

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