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(영문) 인천지방법원 2017.11.15 2017노3409
영해및접속수역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one year of imprisonment and a fine of ten million won) is too unreasonable.

2. Taking into account the various sentencing conditions as shown in the records and pleadings of the instant judgment, even if considering the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s punishment is too large and unreasonable (it does not seem to be unfair on November 1, 2017). On the first trial date of the appellate trial on November 1, 2017, the Defendant asserted that “the Defendant was not aware of the fact that the Defendant was operating within the territorial sea of the Republic of Korea, other than the instant vessel’s engineer,” but it cannot be a legitimate ground for appeal as it was raised after the lapse of the submission period for the grounds for appeal, and even after ex officio examination, it is recognized that the Defendant was aware that the instant vessel was operating within the territorial sea of the Republic of Korea, while recognizing the circumstance that the instant vessel was operating within the territorial sea of the Republic of Korea. Therefore, the Defendant’s above assertion by the Defendant is without merit. Therefore, this is dismissed pursuant to Article 364(4) of the Criminal Procedure Act.

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