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(영문) 창원지방법원 2014.11.12 2014노578

해양환경관리법위반등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (the fine of KRW 7 million is imposed on the Defendants, the fine of KRW 5 million is imposed on Defendant B, and the fine of KRW 7 million is imposed on Defendant C) declared by the lower court to the Defendants.

2. The Defendants recognized the instant crime and reflected in depth the mistake, and the Defendants did not have any criminal record that was punished beyond the fine, etc. are favorable to the Defendants.

However, the crime of this case was committed by Defendant A and Defendant C, in violation of the fishing prohibition area, and operated in violation of the vessel name, etc. The purpose of this case was to refuse to comply with the check-up and search order of the guard station belonging to the Tong-young maritime police station, and to escape, thereby discharging marine pollution-related substances into the sea by throwing the large network, and Defendant B conspired to commit the above crime, and the nature of the crime is not good. In full view of the circumstances favorable to the above Defendants, the lower court determined the sentence of the lower court by reducing the punishment of each summary order (the amount of KRW 10 million, KRW 7 million, KRW 10 million, and KRW 10 million, KRW 10 million, and KRW 10 million) by taking account of the circumstances favorable to the above Defendants, and there was no change of circumstances that could be different from the lower court’s judgment, and there was no other circumstances that the Defendants’ age, character, environment, circumstances, means and result of the crime, etc. after the crime and the circumstances in this case’s sentencing.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.