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Defendants shall be punished by imprisonment for six months.
However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.
Reasons
Punishment of the crime
Defendants are offlined.
1. At around 10:30 on August 8, 2018, Defendant A operated a 2 ton fishing vessel at the Dondo Donnam-gun D, and Defendant B moved to the FF fishing village fraternity's license site (G) managed by the members of the victim FF fishing village fraternity located E in E in the same day, and Defendant A collected 11,00,000 won in total at the market price of the cultivated fishing village fraternity, which was acquired after wearing diving equipment from the FF fishing village fraternity.
After all, the Defendants jointly stolen the victims' property.
2. No one who violates the Fisheries Act shall capture or gather marine animals or plants in any manner other than those prescribed by the Fisheries Act or the Fishery Resources Management Act;
At the time and place specified in Paragraph 1 without obtaining permission for diving fishing, the Defendants collected approximately 0.5 km (1 km in the indictment, but referring to the 11 km prior to the entry in Paragraph 1, and it appears to be a clearly clerical error in light of the police seizure report, etc.), approximately 32 km in nature, and approximately 16 km in the horns.
Summary of Evidence
1. Defendants’ respective legal statements
1. The police statement of H;
1. Police seizure records;
1. Application of each statute on photographs;
1. Defendants of the relevant legal provisions and the choice of punishment concerning criminal facts: Article 331(2) and (1) of the Criminal Act (the point of special larceny) and Articles 97(1)4 and 66 of the Fisheries Act (the point of collecting marine animals and plants and the choice of imprisonment);
1. Defendants from among concurrent crimes: former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that long-term punishment is aggregated);
1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;
1. Defendants of suspended execution: Damage to victims and marine animals and plants under Article 62(1) of the Criminal Act.