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(영문) 대구지방법원 영덕지원 2016.10.05 2016고단160
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is the captain of C(57 tons and low-water fishing).

No person shall capture a female boom or body body with not more than 9cm for the propagation and protection of fishery resources.

Nevertheless, from around 03:00 to around 13:30 on April 5, 2016, the Defendant captured approximately 631 mags at approximately 6,233 mags and the body length of the Defendant, using the string net of the above fishing vessel at the sea of 6 miles in the order-raising port Dong-dong, Gangnam-gu, Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul, and approximately 631 mags.

Summary of Evidence

Defendant’s legal statement

The instant crime of sentencing under Article 62(1) of the Criminal Act on the grounds of sentencing under Article 64 subparag. 1 and subparag. 14(1) of the Act on the Suspension of Execution of Imprisonment with Labor (Selection of Crimes and Illegal Catching Quantity) for the Defendant’s interrogation protocol against the Defendant, such as written order to release the protocol of interrogation of the suspect against the Defendant, written confirmation of discharge, certificate of nationality certificate, certificate of ship’s nationality certificate, certificate of ship officer’s license, certificate of fishery permit, list of crew members, report on internal investigation (verification of offenses and illegal catch capacity), investigation report (in relation to the release at sea, such as female female of illegal catch and female of illegal catch), investigation report, response to investigation cooperation data, investigation report (C vessel entry notification), investigation report (in relation to the notification of illegal catch prior to entry), applicable criminal facts applicable to each of the attached Acts and subordinate statutes, the applicable law on the criminal facts subject to investigation report (in relation to illegal catch reporting), and the selection of punishment.

The fact that the defendant has a record of being fined once due to the same kind of crime is also disadvantageous.

However, considering the fact that there are some circumstances that may be considered in the course of committing the crime, the fact that the illegally captured store has been released is favorable, and the punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances and result of the crime, and circumstances after the crime.

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