logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2013.09.06 2013노645
수산자원관리법위반
Text

1. The judgment below is reversed.

2. The defendant shall be punished by a fine of KRW 1,500,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2,00,000 won of fine) is too unreasonable.

2. Although the judgment defendant has been punished several times for the same crime, considering the fact that the defendant recognized the crime of this case for the first time and seriously reflects his mistake, that the defendant supported the children who are under aviation cancer treatment in an economically difficult situation due to the burden of large amount of debt, and other various circumstances that form the conditions for the sentencing of this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment of the court below, except for the addition of “a statement made by the defendant in the court of first instance” to the summary of the evidence in the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 6 of Article 65 and the main sentence of Article 24 of the Fishery Resources Management Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

arrow