수산자원관리법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for two years from the date of the final judgment.
1. According to the records of the instant case’s judgment on the Defendant’s appeal, the Defendant did not submit the statement of grounds of appeal within 20 days from the submission deadline of the appellate brief, even if the Defendant was notified of the receipt of the notification of grounds of appeal by this court on February 19, 2013 after receiving an appeal against the lower judgment on February 19, 2013, and after receiving the notification of the receipt of the notification of grounds of appeal from this court
Therefore, the dismissal of a defendant's appeal should be decided on the appeal, but the prosecutor also should make a decision on the appeal. Therefore, the dismissal of a defendant's appeal should not be decided separately.
2. In light of the prosecutor’s summary of the grounds for appeal and the fact that the defendant was not less light of the nature of the crime and that there was a previous charge against the defendant, the punishment of the court below against the defendant (two months of imprisonment, two years of suspended execution, two years of social service, 120 hours of imprisonment) is too unfasible and unfair
3. An ex officio determination prosecutor filed an application for changes in indictment with respect to the facts charged as stated below, and the subject of the judgment was changed by this court's permission.
In this respect, the judgment of the court below can no longer be maintained.
4. Accordingly, the court below's decision is reversed under Article 364 (2) and (6) of the Criminal Procedure Act without having to make a decision on the prosecutor's allegation of unfair sentencing, and it is again decided as follows.
Punishment of the crime
The defendant is the captain B, who is a fishing vessel, and is engaged in fisheries.
On March 26, 2012, the Defendant captured 3,400 mars at the front sea of the Dog Jeju Jeju Island located in the south-gu Jeju Jeju Jeju Island on March 26, 2012, and divided it into 20 mars, and loaded it into the said marbing port on March 26, 2012, after entering the said marbing port at around 20:30 on March 26, 2012.
Accordingly, the defendant possessed fishery resources prohibited from capture.
(i) the evidence;