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(영문) 대구지방법원 포항지원 2018.11.15 2018고단1145
수산자원관리법위반
Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 7,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

In order to protect and propagate fishery resources, no one shall capture less than 9 cm in length, the capture of which is prohibited, and no one shall possess less than 9cm in violation of such prohibition and keep in public custody or sell dynasiums with a large quantity of body captured in violation of such prohibition.

Nevertheless, at the port of port, the Defendants installed a water capacity in the warehouse located in Nam-gu C, Nam-gu, and opened a normal large store and a red store, and purchased and kept a large scale of less than the body length, and conspired to sell it to many and unspecified persons at retail or door-to-door.

Defendant

A, on March 30, 2018, around 09:00, pursuant to the above public offering, purchased 700 mags, including 376 mags, from an influencies of the name influencies, who is operating the numberless vigs on the side of the river located in the Southern-gu, Chungcheongnam-gu, the Nam-gu, the Nam-gu, and then kept them in the arcts inside the warehouse located in the Nam-gu, Nam-gu, the Republic of Korea, by March 30, 2018.

As a result, the Defendants conspired to keep the body less than the body room.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (as to the attachment of a copy of the ticket on contact distribution of seized articles);

1. Application of statutes on site photographs;

1. Article 64 subparagraph 2 and Article 17 of the Fishery Resources Management Act, Article 30 of the Criminal Act concerning facts constituting an offense;

1. Selection of each selective fine for punishment (the following extenuating circumstances among the reasons for sentencing shall be considered):

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. In light of the content of the instant crime committed in violation of Article 334(1) of the Criminal Procedure Act, in order to promote the sustainable development of fisheries through the protection of fishery resources for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the nature of the relevant crime is not less complicated in light of the content of the instant crime, and the Defendant A’s sale, storage for sale, etc. of female female strings or below body strings, and Defendant B’s suspension of the execution of each imprisonment with labor for the purpose of illegal capture, sale, keeping for custody, etc. of female strings or below body strings.

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