beta
(영문) 대구지방법원 2016.12.14 2016노2143

수산자원관리법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (a fine of KRW 7 million is imposed on the Defendants; a fine of KRW 6 million is imposed on the Defendants; a fine of KRW 7 million is imposed on the Defendants; and Defendant D: imprisonment for six months; probation for two years; probation; probation for community service; a fine of KRW 120 hours; Defendant E; and Defendant F: a fine of KRW 7 million is imposed on the Defendants) is too unreasonable.

2. According to the judgment, there are favorable circumstances for the Defendants, such as the fact that the Defendants recognized all of the facts charged in this case, there are no criminal records of the same kind to Defendant C, E, and F, Defendants C, D, and E participating in the instant crime as their respective seafarers, and they appear to have committed the instant crime for living with the aim of living. However, despite the fact that the Fishery Resources Management Act prohibits the capture, storage, distribution, sale, etc. of female and underwater for the conservation of fish stocks, as such acts are repeated due to the desire of the capture distributors, it is necessary to strictly punish them. The above crimes of Defendant C, D, and E are significant quantity of fishery resources, such as the number of females illegally captured by the above Defendants, and there are no criminal records after suspension of execution, and since such acts are committed against Defendant C, D, and E, and E, Defendant C, and E, which were sentenced to a fine of imprisonment with prison labor for the same kind and less than 10 years, Defendant D, and Defendant E, Defendant D, who had been sentenced to a suspended execution.