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(영문) 대전지방법원 2019.06.20 2018노3477
수산업법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal: The sentence imposed by the lower court on the Defendants (one year of imprisonment and three years of suspended execution) is too unreasonable.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has the unique area of the first instance court

In addition to these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, taking into account the unfavorable circumstances against the Defendants and favorable circumstances, determined a punishment within a reasonable scope by comprehensively taking into account the circumstances unfavorable to the Defendants, and there is no circumstance to newly consider in the trial. Therefore, even considering the circumstances asserted by the Defendants as the grounds for appeal, the lower court’s punishment is too unreasonable.

3. In conclusion, since all appeals by the Defendants are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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