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(영문) 대구지방법원 상주지원 2016.01.19 2015고정203
내수면어업법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, rhythizing the facts charged without changing the indictment and recognizing the facts charged.

No person shall capture or gather aquatic animals and plants in inland waters under harmful fishing methods using explosions, toxic substances or electricity.

그럼에도 불구하고, 피고인은 B과 공모하여 2015. 7. 3. 22:50 경 문경시 가은읍 갈 전리에 있는 공유 수면 인 영 강 하천에서, B은 배터리에 전선을 연결한 도구를 허리에 착용하여 전류를 흐르게 하고, 피고인은 B의 아래쪽에서 전류에 기절한 민물고기를 주워 담는 유해 어법으로 꺽지 등 20여 마리를 포획하였다.

Summary of Evidence

1. The defendant's partial statement in the court (B's statement that the defendant was placed in the upper part of the defendant's person, and that the defendant was placed in the court room with the water scrap and the defendant was placed in the court room with the water scrap);

1. Part of the statement in the police interrogation protocol concerning B (a statement that it was difficult for the Defendant to leave the water system due to the lack of the water system by sunrise or by sunrise after the death, and because he did not leave the water system by sunrise, the Defendant was unable to do so by using the water system coming from sunrise below);

1. A protocol of seizure and a list of search and seizure (a list of badgess, equipment, etc. loaded on the defendant's vehicle shall be seized);

1. A report on investigation;

1. A report on investigation (related to the dispatch and arrest of the site);

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 25 (1) and Article 19 of the Act, and Article 30 of the Criminal Act, concerning the facts constituting an offense, and Articles 25 (1) and 19 of the Act, and Article 30 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the Defendant’s age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime are shown in the instant pleadings.

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