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(영문) 수원지방법원 2017.05.26 2016노8562

낚시관리및육성법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment with prison labor, one year of suspended sentence, and 40 hours of community service order) is too unreasonable.

2. The judgment of the court below is too unreasonable in light of the following: (a) the area of a fishing place operated by the defendant without the permission of the competent authority exceeds 12,00 square meters; (b) the defendant committed the crime of this case by continuing to run the fishing place business even after the defendant was punished three times for the same crime; and (c) the agreement on compensation for losses with respect to the above fishing place is underway, it is difficult to justify the unauthorized fishing place business; and (d) the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, etc.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.