수산자원관리법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (six months of imprisonment and two years of suspended execution) of the lower court is deemed to be too untile and unfair.
2. The following facts are examined: (a) the Defendant recognized the instant crime; (b) the Defendant led the Defendant to the actual purchaser of the said scrap that he was aware of by the investigative agency at the lower court; and (c) the Defendant led the Defendant to cooperate in the investigation; (b) the instant crime was committed in a manner favorable to the Defendant; (c) in light of the planned and systematic method of committing the instant crime, it is extremely poor in the nature of the crime and the degree of the Defendant’s participation; and (d) the instant crime is unlikely to lead to the destruction of mincing species, which are globally endangered species; (c) the Defendant was punished twice in 2015 due to the same type of crime; and (d) the Defendant’s age, character and conduct, background, motive and circumstance of the crime, the means and consequence of the crime; and (e) records and various sentencing factors indicated in the trial process, such as the records and circumstances after the crime, and thus, the prosecutor’s assertion is unreasonable.
3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 64 subparagraph 2 of Article 64 and Article 17 of the Fishery Resources Management Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime;
1. The judgment on the grounds for the above appeal under Article 62(1) of the Criminal Act (the favorable circumstances of the judgment on the grounds for appeal in the above part) is rendered.