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A defendant shall be punished by imprisonment for not more than ten 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
A person who engages in the business of selling fishery products in the C market located in Daegu Northern-gu B, and no one shall possess, distribute, process, keep or sell fishery resources captured and gathered in violation of an order under the Investigation Resources Management Act or the Fisheries Act or products thereof.
Nevertheless, around 05:00 on March 18, 2014, the Defendant purchased 40 m40 m40 m40 m40 m40 m40 m40 m40 m2 purchased from the fire in the air, adjacent to the C market located in Daegu Northern-gu B, Daegu, and kept and sold the said m2 at the “D” located in the said C market until March 18, 2014.
Accordingly, the Defendant possessed, distributed, processed, stored or sold fishery resources or products thereof illegally captured and gathered.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure and the list of seizure;
1. Application of the photographic Acts and subordinate statutes;
1. Article 64 subparagraph 1 of the Fishery Resources Management Act and Article 17 of the same Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is 15 years prior to the 15 year period, but there was a record of having been sentenced to a suspended sentence of 2 months for the same crime, and even if there was a record of selling female female at the same time around 2013 and having been sentenced to a fine of 3 million won for the crime of this case, it is not good that the crime is committed again.
However, it is more favorable to the defendant that the whole amount of the defendant's sale was seized before the sale, and that the defendant's mistake is divided.
In addition, the defendant's age, character and conduct, intelligence and environment, motive, means and result of the crime, various sentencing grounds shown in the pleading, such as circumstances after the crime, shall be considered as the disposition.