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(영문) 울산지방법원 2018.11.21 2018고단2808
수산자원관리법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

No person shall possess, distribute, process, keep or sell fishery resources captured and gathered in violation of an order issued under the Act on Fisheries or the Fishery Support Management Act or products thereof.

Nevertheless, at around 16:40 on September 23, 2018, the Defendants depart from the port D located in Ulsandong-gu, U.S., Dong-dong-gu, and entered the port D around 17:00 on the same day, and the Defendants illegally captured the horses in violation of orders under the Fisheries Act, and stored 47 knife, 3 knife (total of 565.5 km) in the foreline in the foreline, and stored 18:08 at the foreline until the entry into the port D around the same day.

Accordingly, Defendants conspired to keep fishery resources captured in violation of orders under the Fisheries Act.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police seizure records and list of seizure;

1. The illegal arrest report of the vessel engaged in transportation (E) the arrest of the vessel, the photographs and E/or photographs of the vessel at the scene;

1. Application of Acts and subordinate statutes to a investigative report (a seizure and freezing custody, such as an illegal capture, scraper, etc.), photographics and investigative reports (a verification as to whether or not it has been dismantled while in custody in E) after being kept in custody;

1. The Defendants of the relevant law concerning criminal facts: Article 64 subparagraph 2 and Article 17 of the Fishery Resources Management Act, and Article 30 of the Criminal Act;

1. Defendant B of the suspended execution: Article 62(1) of the Criminal Act (The favorable circumstances described in the grounds for sentencing);

1. Protective observation and community service order Defendant B: Article 62-2 of the Criminal Act;

1. The Defendants: (a) the instant crime committed by the Defendants on the grounds of sentencing under Article 48(1)1 of the Criminal Act; (b) Article 68(1) of the Fishery Resources Management Act appears to be one of the series of illegal sale, transportation, and storage of the international endangered species. As such, there is a high room for criticism.

Moreover, the Defendants did not make any additional statement on the process of acquiring the instant high accusation, and it is whether the Defendants were the Defendants.

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