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(영문) 대구지방법원 2014.10.24 2014고단4072
수산자원관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant violating the Food Sanitation Act is a person who operates a cafeteria with the trade name “C” in Daegu Dong-gu B.

From December 27, 2013 to June 1, 2014, the Defendant, without reporting general restaurant business to the Daegu East-gu Dong-gu Office, prepared and sold the total amount of KRW 50,00 per day by raising profits at an average of KRW 50,00 per day while installing ten depositors, 40 chairs, and kitchen.

Accordingly, the defendant did not report the business to the competent authorities and operated a general restaurant business.

2. The Defendant in violation of the Fishery Resources Management Act is a person who operates a cafeteria with the trade name “C” in Daegu Dong-gu B.

On June 1, 2014, the Defendant kept 90 mix female 90 mars in the above restaurant, sold 15 mar to customers under his name and kept 75 mar for sales purpose.

As a result, the Defendant sold the female of large places in violation of orders under the Fishery Resources Management Act or Fisheries Act, and displayed and stored them for sale.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes to internal investigation reports, investigation reports, investigation reports (to photographs of seized articles), and investigation reports (to hear statements by a public official in charge of reporting business);

1. Relevant laws concerning criminal facts, subparagraph 1 of Article 97 and Article 37 (4) of the Food Sanitation Act, Article 64 subparagraph 1 and Article 17 of the Fishery Resources Management Act, and choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Act on the Suspension of Execution prohibits all the capture, custody, distribution, sale, etc. of female females to preserve fish stocks with reasons for sentencing (the favorable circumstances of sentencing as follows). In light of the purpose of legislation of the Fishery Resources Management Act, the criminal nature of the defendant is not less exceptionally, and the fact that the defendant repeatedly commits a crime of violating the Food Sanitation Act of the same kind is disadvantageous, or that the defendant's mistake is recognized, against the defendant, and sells or keeps them.

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