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(영문) 춘천지방법원 강릉지원 2018.03.29 2017노389
수산자원관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too uneasy and unreasonable.

2. The crime of this case is highly harmful in that it is likely that the crime of this case is likely to undermine the fish stocks’ resources.

However, the number of snow booms or female booms less than the body length captured by the defendant is larger than the total size of 200 booms.

It is difficult to see it.

Upon the occurrence of the instant crime, the Defendant re-exploited all of the instant crime.

Defendant appears to have been engaged in fisheries for a long period of time. The Defendant was punished for the same kind of crime until before the instant crime was committed.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s sentence against the Defendant is too uneasible and unreasonable.

3. The appeal by the prosecutor of the 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.

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