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(영문) 울산지방법원 2018.02.02 2017노1363

수산자원관리법위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment) of the court below is too unreasonable because it is too unreasonable (the defense counsel argued that the defendant did not participate in K's illegal senior sale custody or attempted some of them, and that there was no conspiracy to commit the crime. However, this part of the argument is not legitimate grounds for appeal since the defendant and the defense counsel explicitly withdraws the misconception of the above facts and the legal principles, and they stated that all facts charged are recognized at the second trial date of the court below, and even if this is examined ex officio, the defendant made a statement at an investigative agency to the purport that the facts charged are recognized as substitute. In particular, confessions at the court of the court below is made under the assistance of the private defense counsel, and the confessions at the court of the court below did not find any particular circumstance that the above confession was made or it is false, or that there was no error in the misapprehension of legal principles as to the defendant's oral phone statement at the investigative agency and other persons involved in the court below supporting the confession and the defendant's cell phone record at the court below and the documents related to the defendant's account.

2. In the event that a single and continuous criminal act is conducted for a certain period of time prior to the judgment on the Defendant’s improper assertion of sentencing, the Defendant’s respective acts are deemed to have the same legal interests as that of the damage.