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(영문) 대구지방법원 포항지원 2018.11.01 2018고단1100
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is the captain of the coastal self-net fishing vessel C (7.93 tons, diesel 380 Embs, FRP, 940) at the port of port.

In order to protect and propagate fishery resources, no one shall capture female workers who are prohibited from capture, but on August 1, 2018, the defendant left the above C on August 1, 2018 at the port of the Si/Gu/Gu/Eup in the area of the Si/Gu/Gu/Eup in the area of the Si/Gu/Gu/Eup in the area of the Si/Gu/Gu/Eup in the area of the Gu/Si/Gun on the same day and captured 497 maris by using a water-driven fishing gear, which is caught in advance at the sea near the Si/Gu/Gu/

As a result, the Defendant captured the female booms, the capture of which is prohibited.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 64 of the relevant Act on criminal facts and Articles 64 subparagraph 1 and 14 (2) of the Management of Fishery Resources Selection of Punishment Act;

1. In light of the content of the crime committed in violation of Article 62(1) of the suspended sentence under the Fishery Resources Management Act, seeking the sustainable development of fisheries through the protection of fishery resources for the reason of sentencing (the conditions favorable to the reasons for sentencing as below), the Defendant should be punished strictly by imprisonment with prison labor, in consideration of the following disadvantageous circumstances: (a) the nature of the crime is not easy in light of the content of the crime committed in violation of the Fishery Resources Management Act, aiming at the continuous development of fisheries through the protection of fishery resources for the reason of sentencing; (b) the punishment of the crime is three times with fines for illegal capture, such as female strings, body strings, strings below body strings; and (c) the past two times with the history of punishment by the suspended sentence of imprisonment with prison labor, even if the crime was committed for the purpose of the crime in this case; (b) however, there is room for considering the circumstance that the illegal capture of the cancer in this case is used for the purpose of sale; (c) the scale of the illegal capture is not large;

B. The above circumstances and the motive, means, and results leading to the instant crime, the circumstances after the crime, the age, the criminal defendant's sex, and the environment.

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