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집행유예
(영문) 울산지방법원 2013.5.9.선고 2013고단1652 판결
수산자원관리법위반
Cases

2013 Highest 1652 Fishery Resources Management Violation

Defendant

A person shall be appointed.

Ulsan-dong, Ulsan-dong, Busan-dong 170

Prosecutor

Park Jong-chul (Public Trial) (Public Trial)

Defense Counsel

Attorney Park Young-young

Imposition of Judgment

May 9, 2013

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant shall be ordered to provide community service for 120 hours.

Reasons

Criminal History Office

No one shall sell the source of fishery personnel captured and collected in violation of an order under the Fishery Resources Management Act or the Fisheries Act, or any products thereof.

1. On January 2013, 2013, the Defendant received mincker 1 metrecing machine 1math (not less than 35 mastrus) from the Defendant’s house located in Ulsan-gu, Ulsan-gu, which was brought about by a person on the part of the port on the part of the Defendant’s house acquired in an influorous manner, and sold the said minccing machine 1ma amount to D at a parking lot of “C” located in Ulsan-gu, U.S., along with B, for which he was loaded in the vehicle and distributed the said minc meter 1ma amount to 12.4 million won.

As a result, the Defendant conspiredd with B, name-free port owners, and sold mincckes, which is fishery resources prohibited from capture in accordance with Fisheries Act, etc.

2. From the end of January 2013 to February 2013, 2013, the Defendant received mincing mincing strawing 1math (around 30 mastu), which the Defendant acquired at the home of the said Defendant’s Defendant’s house by an influorous method, and then sold the said minc string 1 to D at the same time as the said C restaurant, along with reporting on the said vehicle, at the same time, to D at the same time.

Accordingly, the defendant, in collusion with the non-name-free port owners, sold mincing and mincing implements, which is fishery resources prohibited from capture in accordance with Fisheries Act, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution;

1. A copy of each protocol concerning the examination of suspect B and E by the prosecution;

1. Statement of the police statement related to D;

1. A report on investigation (a prior analysis of sample sample of high time);

Application of Statutes

1. Relevant Articles of criminal facts;

Each Fishery Resources Management Act Article 64 subparagraph 1, Article 17, and Article 30 of the Criminal Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration to the fact that the defendant is in violation of depth in this Court and that there is no previous case after 2008)

1. Social service order;

Article 62-2 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges

Judges Cho Jae-han

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