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(영문) 청주지방법원 영동지원 2017.08.24 2017고단65
내수면어업법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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

No one shall capture or gather aquatic animals or plants on inland waters using explosives, toxic substances or electricity without obtaining permission from the competent authorities.

Nevertheless, the Defendant, along with C and D, recruited to capture a water exhauster using an air exhauster for the vehicle, without obtaining permission for use from the Geum River, which is located in the depth of the C and C, Chungcheongnam-dong, the inland waters, at the top of the C and D, from November 23:0, 2016 to 04:30 the next day, between D and D, by driving a Loneex vehicle, and driving the Defendant and C up to 04:30 on November 23, 2016, and moving the damaged vehicle from the river to the river to move the damaged vehicle from the river to the Defendant and C’s contact, and C enter the said river along with a small rubber boat, and sent electric current to the water by using the air exhauster for the said vehicle.

After cutting the water scrap, the Defendant was cut up, and the Defendant sent the necessary equipment to C and captured approximately 20 km.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the prosecution against C or D;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

1. Relevant Article 25 (1) and the main sentence of Article 19 of the Act, Article 30 of the Criminal Act, and the selection of imprisonment for the punishment of inland water fisheries, which are subject to the option of the relevant law and punishment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [unfavorable circumstances] The crime of this case is committed in collusion with another person and sent by the defendant, without obtaining permission for use, electric currents in water using a vehicle exhaustter.

approximately 20 km, and the nature of the crime is not easy in light of the circumstances of the crime.

The defendant has already been punished twice by committing the same kind of crime.

[The favorable circumstances] The Defendant appears to be against the view of committing the instant crime.

The defendant has been punished by a fine heavier than that of a fine until now.

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