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(영문) 대구지방법원 2019.08.30 2019노1974

수산자원관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflects his mistake, the fact that the female of the instant cancer possessed by the defendant was discharged by the defendant, and the fact that the defendant has no criminal records of the same kind, etc.

However, in full view of the circumstances such as the fact that the Defendant led and planned the crime to acquire economic benefits and the fact that the nature of the crime is inferior in light of the background of the crime and the method of the crime, the quantity of the female of illegal possession is considerably more than 10,000, and there is no special circumstance or change of circumstances that may be assessed differently from the sentencing conditions of the lower court following the lower judgment, and other various circumstances that form the conditions for sentencing as shown in the argument of the instant case, including the Defendant’s age, character and behavior, environment, and the circumstances after the crime, etc., it cannot be deemed unfair to the extent that the lower court’s punishment is deemed to have exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.