A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No one shall capture or gather aquatic animals or plants in inland waters using explosives, toxic substances or electricity.

Nevertheless, on February 8, 2019, from around 23:30 to 03:40 the following day, the Defendant captured fish of 115 mari, such as excessive 65 mari, roof 49mari, and 1 marith, in a way that the Defendant flows into the river by using a shiper and a bromoer, in a way that he flows with electricity on the river.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning details of handling 112 reported cases;

1. Article 25 (1) and Article 19 of the Inland Water Fisheries Act applicable to the crimes, and Articles 25 (1) and 19 of the same Act, which choose a penalty;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than two years;

2. Determination of sentence: 6 months of imprisonment, and 2 years of suspended sentence had the record of being punished three times or more for the same kind of crime, and in particular, the crime of this case was committed under the same several methods at the time of the last seven months only with the penalty for the same kind of crime.

Even though the Defendant was found to have committed a crime immediately after the commission of the crime, the Defendant did not seem to have a serious reflective attitude while denying the crime.

There are a lot of transfers of the water scrap illegally captured by the defendant.

However, if the defendant has reached this court, he recognizes his crime.

In order to raise living expenses, etc. while the defendant suffered economic difficulties, the crime of this case seems to have been committed.

In addition, all the equipment illegally captured by the defendant were released.

Considering the above circumstances, the defendant's age, character and conduct, growth process, environment, motive, means and result of crime, etc. are shown in the argument of this case, such as the circumstances after the crime.