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(영문) 광주지방법원 2019.04.30 2018노3002

수산업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 5,00,000 (fine 5,000) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and recognized the circumstances without the same criminal records.

The fact that the defendant voluntarily removed the seaweeds of this case before the prosecution was instituted is also an element of sentencing favorable to the defendant.

However, the lower court determined the sentence against the Defendant, considering all favorable circumstances to the Defendant, and there is no change in sentencing conditions that may be specially considered in the trial compared with the lower court.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.