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(영문) 대구지방법원 2014.01.09 2013고단5538
수산자원관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

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

Nevertheless, at around 03:00 on December 12, 2012, the Defendant purchased approximately 2,100 masts of 2,100 masts of female female who are prohibited from catching and gathering in the Fishery Resources Management Act, which is located in front of the chotland located in Nam-gu, Nam-gu, Nam-gu, Mapo-si, Mapo-si, and held approximately 4,200 maths by purchasing approximately 2,100 maths of female female who is large from the above D at the same place at around 09:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police interrogation protocol concerning E;

1. A copy of each police statement made to F and G;

1. Account details;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to the investigation report (verification of suspect mobile phone details);

1. Article 64 subparagraph 1 of Article 64 and Article 17 of the Fishery Resources Management Act, which prescribes the applicable law to facts constituting an offense and the choice of punishment;

1. The suspended sentence under Article 62(1) of the Criminal Act prohibits the capture, custody, distribution, sale, etc. of female females to preserve the fish stocks with the reason for sentencing under Article 62(1) of the same Act, in light of the purpose of legislation of the Fishery Resources Management Act, the nature of the crime of the defendant is not less complicated, the number of female females held by the defendant is considerable, and some false statements are made during the investigation process to cause confusion in the investigation. In full view of the motive, background, means and methods of the crime of this case, the circumstances before and after the crime of this case, and other various circumstances such as the defendant's age, character and conduct, career, environment, etc. as shown in the argument of this case

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