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(영문) 인천지방법원 2015.12.11 2015노3294
수산자원관리법위반등
Text

The judgment of the court below is reversed.

Defendant No. 3 of the judgment of the court below

(a) (1) (a) and (3);

(a) sub-paragraph (2).

Reasons

1. The summary of the grounds for appeal (each of the crimes listed in paragraph 3(a) at the time of sale: a fine of one million won, and a crime listed in paragraph 3(b) at the time of sale: imprisonment with prison labor of six months) of the court below is too unreasonable.

2. According to the evidence duly adopted and examined by the court below and the court below on April 16, 2015, prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant was sentenced to imprisonment with prison labor for one year and six months and two years of suspended execution for a crime of violating the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.) at the Incheon District Court on April 16, 2015, and the judgment became final and conclusive on April 24, 2015,

(a) (1) (a) and (3);

A. (2) The crime of violating the Fishery Resources Management Act as stated in paragraph (1) is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violating the Punishment of Violences, etc. Act (a deadly weapons, etc.) and the latter part of Article 37 of the Criminal Act. Since the remaining crimes are crimes after the above judgment becomes final and conclusive, it cannot be deemed that the latter part of Article

(a) (1) (b) and 3-

A. (2) Since each fishery resources management violation described in paragraph (b) also determined that the above crime for which judgment became final and conclusive and the latter part of Article 37 of the Criminal Act are concurrent crimes, the judgment of the court below is no longer maintained in this regard.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding part of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 64 Subparag. 1 of the former Fishery Resources Management Act (amended by Act No. 13270, Mar. 27, 2015; hereinafter the same applies) regarding criminal facts and the choice of punishment.

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