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(영문) 대구지방법원 영덕지원 2018.09.05 2018고단154
수산자원관리법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

No person shall capture female females of large scale, and every year.

6. It shall not be captured from January 1 to November 30.

Nevertheless, around 03:30 on June 17, 2018, the Defendant captured approximately 7.5 nautical miles (North Korea, 36·34 east 129·34 east east 129·34 east east 100 man and female 200 man with female 100 man and female 200 man.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest reports and investigation reports of persons who violate the Fishery Resources Management Act (any circumstance in which the persons under consideration have captured female females with heavy places and heavy places);

1. The current status of entry into and departure from a ship, C port registry, shipment certificate, inspection certificate of fishing vessel, fishery permission statement, and business registration certificate;

1. Application of each statute on photographs;

1. Article 64 subparagraph 1 of the relevant Act concerning facts constituting an offense and Articles 64 (5), 14 (1) and 14 (2) of the Management of Fishery Resources Selection of Punishment Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, Defendant’s age, environment, sexual conduct, motive, means and consequence of the crime, and all of the sentencing factors indicated in the pleadings of this case, including the circumstances after the crime, and the execution of the sentence shall be suspended on condition that the community service order is faithfully observed.

Considering the fact that the crime of this case results in the degradation of fishery resources, which is less severe than that of the crime, the amount of illegal capture by the defendant, and the fact that the defendant has been subject to fines several times for the same kind of crime: Considering the fact that all of the crimes of this case are recognized, and that the defendant repents and reflects his mistake, and that the defendant has not acquired profits due to the crime of this case, etc.

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