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(영문) 대구지방법원 포항지원 2016.04.06 2016고단88
수산자원관리법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall capture or gather fishery resources during the period during which the capture or gathering of fishery resources is prohibited, and shall capture or gather female females of large places.

Nevertheless, on November 29, 2015, the Defendant captured and collected 630 maws 630 maws 1,950 maws 1,950 maws 1,950 maws at the sea (the 36.9 8 seconds of North Korea, 129 east 129 41 5 seconds) in the south-gu Yando, Yan Jeju-gu, Jeju-si, Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Scenic photographs and documentary evidence of the farm;

1. Application of the statutes governing arrest location map;

1. Article 64 of the relevant Act concerning facts constituting an offense and Articles 64 subparagraph 1 and 14 of the Fishery Resources Selection and Management Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To observe the protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Act, taking into account the following circumstances: Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and other various sentencing conditions, such as the circumstances after the commission of the crime, the sentence shall be determined as ordered.

3. Unfavorable circumstances: The volume of illegal captures is not significant; the recent criminal punishment has been achieved due to the violation of the Fisheries Act; the past criminal punishment has been achieved due to the violation of the Fisheries Act; however, the circumstances favorable to the crime of this case has reached: the discharge of all illegal captures; and it is against the fact that the illegal captures have been released.

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