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(영문) 창원지방법원 2015.07.23 2015노892
어선법위반방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the penalty (five million won of a fine) declared by the court below is too unhued and unreasonable.

2. The crime of this case is a matter that facilitates the Defendant to commit a violation of the Fishing Vessels Act by building and enlarging a ship, and the illegal expansion of such ship can cause an accident that may occur to the ship, and thus, the Defendant’s liability for the crime is not less and less, and the Defendant has a record of being punished for a fine of KRW 7 million due to the same kind of crime on November 25, 2014.

However, considering the following circumstances: (a) the Defendant recognized his mistake and reflects, the fact that the Defendant appears to have caused the instant crime at the request of the shipowner, and the fact that there is no record of punishment exceeding the fine imposed on the Defendant; and (b) there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment; and (c) the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and method of the crime; and (d) various circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, including the circumstances after the commission of the crime,

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, the court below's application of the statute

1. The phrase “Article 44(1)4 and Article 21 of the Each Fishing Vessels Act” under the applicable law on criminal facts is clearly erroneous entry of “Article 44(1)4 and Article 21 of the Each Fishing Vessels Act,” and Article 32(1) of the Criminal Act. Thus, ex officio correction is made pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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