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(영문) 광주지방법원 2013.03.27 2012노2434
수산업법위반
Text

The judgment of the court below is reversed.

1. Defendant A and B

A. The Defendants shall be punished by imprisonment with prison labor for one year and by a fine of ten million won.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendants (two years of imprisonment for each of the defendants A and B, three years of suspended execution, fine of 30 million won, community service, 200 hours of social service, defendant C: imprisonment for six months of suspended execution, two years of suspended execution, and 80 hours of community service) is too unreasonable.

2. The Defendants conspired to act for a long time and systematically carried out inshore fishing without permission. In light of the size and frequency of the new tide extracted therefrom, Defendant A and B appear to have been illegally engaged in the operation before the instant crime. Defendant A continued to commit the instant crime even though it has been controlled three times in the middle of the instant crime, Defendant A had a single suspended execution due to the instant crime, three times of fine, etc. Defendant B had a 11-time criminal record, including four times of fine due to the same crime, and Defendant C had a three times of fine. Defendant C had a 17-time criminal record, including three times of fine due to the same crime, but it was recognized that the facts of the crime were all recognized, and there was no concern that the Defendants might be polluted if they were not recovered from a single life; Defendant C had been sentenced to a 0-year criminal record, and Defendant C had no more than 20-year criminal record, and Defendant C had to be sentenced to a 20-year criminal record of a new crime, and Defendant C had no more than 30-year fishery resources management record of this case.

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