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(영문) 울산지방법원 2016.12.08 2016고단3247
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

No one shall capture or process, keep or sell such species in accordance with an order issued under the Fisheries Act and the Fishery Resources Management Act, and in violation of such an order, no one shall distribute, process, keep or sell those species captured.

At around 12:00 on April 5, 2016, the Defendant was called “mincing-line” from D, which was known to ordinary people at the Defendant’s residence located in Ulsan-gu, Ulsan-gu, the Defendant called “(s) 40,000 won per kilogramme?” On the same day, the Defendant was called “G” at “G” restaurant located in Ulsan-gu F, Ulsan-gu, U.S., which was operated by 18:00 E, and was called “D” with the above mincing-line device by posting a telephone to D.

D around 01:00 on April 6, 2016, between 5 parts and 6 parts in the Yando-dong, Yando-si, Yando-si and 5 parts, D transferred 94 mix 94 mar, total of 1,410 margs illegally captured from the supply volume of the name unwrittened, and transported the cargo onto the Hpoter-si warehouse managed by the Defendant in the Ulsan-gu, U.S., and transported the said “G” restaurant.

Accordingly, the defendant, in collusion with D and E, distributed mincing class, which is fishery resources prohibited from capture.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police suspect examination protocol of J, K, E, L, M, or D among copies of investigation records of E, protocol of seizure and seizure, and application of Acts and subordinate statutes of the arrest site photograph;

1. Article 64 subparagraph 2 of the Fishery Resources Management Act, Article 17 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime

1. The reason for sentencing under Article 62(1)(c) of the Criminal Act is that the Defendant was sentenced to a suspended sentence of six months for imprisonment for the same crime on August 2010, but the Defendant again committed the instant crime at a disadvantage. However, in light of the circumstances of the crime, the Defendant did not appear to have led to illegal high-ranking and distribution, and that it does not appear that the Defendant led to illegal high-ranking and high-speed sales, E, an accomplice, and installed a freezing warehouse at the Defendant’s home.

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