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(영문) 울산지방법원 2016.09.08 2016노818
수산자원관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, confiscation) is too unreasonable.

2. The judgment that the Defendant recognized the instant crime, the fact that the Defendant transported and possessed a senior scrap for the purpose of sale, and that there is a family member to support the Defendant is a reasonable circumstance to consider in determining the Defendant’s punishment.

However, the crime of this case is not easy to transport an illegally captured mincing device for pecuniary gain, and transporting mincing device that constitutes an international endangered species is likely to encourage an illegal capture. Therefore, it is necessary to punish the defendant. The defendant commits the crime of this case under the status of criminal punishment for the same kind of crime, and taking into account the amount and value of mincing device that the defendant transported and possessed, and other various circumstances, including the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., and the sentencing conditions specified in the trial process, it cannot be deemed unfair because the court below's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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