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(영문) 울산지방법원 2020.11.27 2020노948
수산자원관리법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the defendant's judgment on the grounds for appeal is going against his own mistake and does not repeat again, and that the defendant has no penalty power exceeding the same punishment power or fine, is favorable to the defendant.

On the other hand, minke is a wild animal designated as an internationally endangered species pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, in which the Republic of Korea is a member of the Republic of Korea, and a minkekeke is specifically subject to strict regulations to prevent any further threat to the existence of the species. Since the act of distributing minkekeke course illegally captured and captured like the instant crime may cause illegal capture, it is necessary to be strict, and the Defendant, while concealing and keeping large quantities of illegally captured minke course in a warehouse, sells it after cooking and selling it at a restaurant, it is disadvantageous to the Defendant. In light of its size of business, form, and volume of handling, etc., it is difficult for the Defendant to commit a crime.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the commission of the crime, and all of the factors of sentencing as indicated in the instant case’s records and arguments, such as the circumstances after the commission of the crime, the lower court’s punishment is too heavy or uneasible.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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