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(영문) 대구지방법원 영덕지원 2016.09.23 2016고정46
수산자원관리법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates C (macks and strings less than the female and body length) in Young-gu, Young-gun B.

The capture of female strings and 9cm below body length is prohibited during the year, and no person shall hold or sell fishery resources captured in violation of an order under the Act on Fisheries and the Management of Fisheries Resources or products thereof.

Nevertheless, the Defendant, at around 21:30 on March 27, 2015, kept the female booms, the capture of which is prohibited pursuant to the Fishery Resources Management Act, for the purpose of selling the female 153 masts and 75 masts with less than the body 153 masts and 75 masts below the body.

Summary of Evidence

Article 64 Subparag. 1 of the former Fishery Resources Management Act (amended by Act No. 13270, Mar. 27, 2015); Article 17 of the Criminal Procedure Act for the reason for sentencing of Article 70(1) and Article 334(1) of the Criminal Procedure Act for the order of provisional payment under Article 69(2) of the Criminal Procedure Act, which provides that the crime of this case is kept for the purpose of selling the females illegally captured by the defendant and the body below the body of the defendant.

Since illegal circulation and sale of female strings and stiffs below body size causes illegal capture, it is necessary to punish it strictly because it causes continuous exhaustion of fishery resources.

However, considering the fact that the defendant is recognized as committing a crime and there is no record of punishment for the same kind of crime, the fact that illegal fishery products are released in favor of all others, the punishment as ordered shall be determined by taking into account all the conditions of sentencing, such as the defendant's age, sex, environment, motive, background, means and consequence of the crime, circumstances after the crime, etc.

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