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(영문) 울산지방법원 2016.05.19 2016고단920
수산자원관리법위반
Text

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

No. 1, 2, or 3 shall be confiscated from the accused.

Reasons

Punishment of the crime

No one shall possess fishery resources captured and gathered in violation of an order under the Management of Fishery Resources Act or the Fisheries Act or products thereof, and keep in public or sell them.

The Defendant conspired with the Defendant, in order to take over the mincing mincing mincing mincing mines captured by a person who, on the root year and the sea, was engaged in the transportation of the minc mincing mincing mincing mincs illegally captured, using the freezing minc minc in the freezing tower as above.

Accordingly, on April 6, 2016, the Defendant conspiredd with C, from minck 1,180km (59 cm x 20 km) to 70 million won in the market price, and was loaded into the 2 freezing 2 freezing on the same day with C around 17:00 on the same day, and the Defendant carried the said mincing line from the “F” located in the Dong-gu, Ulsan-gu, U.S. E to the string intersection located on the north-west side of the racing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Application of each statute on photographs;

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

1. The possession of them for the purpose of sale by transporting mincing class falling under the international endangered species for the reason of sentencing under Article 68(1) of the Confiscation and Fishery Resources Management Act is likely to promote the illegal capture of mincing class. As such, the Defendant committed the instant crime even though he had the record of being sentenced to a fine on September 2015 because the amount and value of mincing class mincing class is equivalent to the amount and value of the Defendant’s possession, the Defendant repeated the instant crime, even though he was sentenced to a fine on September 2015. Furthermore, the Defendant continued to be involved in illegal capture and distribution in light of the record of the instant crime and the statement made by the investigation agency and the Defendant’s accomplice in this court.

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