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(영문) 대구지방법원 영덕지원 2020.05.27 2020고단55
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual owner and the master of the coastal net fishing vessel B (a vessel registered in the name of the defendant's wife, 3.89 tons, and C) of the cost of the cargo at the time of the post-Magjin-gun.

No one shall capture any body length of not more than 9cm.

Nevertheless, on January 10, 2020, at around 03:17, the Defendant: (a) went to and depart from the Republic of Korea from the Republic of Korea, and (b) went to and depart from the Republic of Korea, and (c) around 09:00 on the same day, the Defendant captured approximately 3.4 nautical miless of the Gusan-gun, U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S. at the 3.4 nautical miless of the North

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report;

1. Release order, discharge confirmation, integrated ship entry and departure management information system, B ship documents copy, detailed statement of fishery permission, and copy of marine officer's license;

1. Application of each statute on photographs;

1. Article 64 subparagraph 1 of Article 64, Article 14 (5) and (1) of the Fishery Resources Management Act, which prescribes the applicable law to facts constituting an offense and the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to recognize the instant crime.

However, the crime of this case, including the fact that the degradation of fishery resources causes the degradation of fishery resources and the nature of the crime is not easy, the amount of illegal capture by the defendant is not significant, and the fact that the defendant has been subject to fines twice the same kind of crime, etc., shall be determined by taking into account all sentencing factors specified in the argument of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the execution of the punishment shall be suspended on the condition that the community service order is faithfully observed.

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