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(영문) 울산지방법원 2016.07.22 2016노807
수산업법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows. On June 27, 2016, the Defendant alleged that the Defendant does not constitute an internationally endangered species. Accordingly, according to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the entire species of the first class except the species specified in Appendix I attached to the Convention fall under Appendix II, and according to Article 2 subparagraph 3(b) of the Act on the Protection and Management of Wild Fauna and Flora, the species specified in Appendix II attached to the Convention are included in international endangered species.

Therefore, the defendant's assertion is without merit, since it constitutes an international endangered species under the Act on the Protection and Management of Wild Fauna and Flora, which are species belonging to the higher species as defined in letter II attached to the above Convention.

The sentence of the lower court (eight months of imprisonment and fine of three million won) is too unreasonable.

2. The fact that the Defendant recognized all of the instant crimes and reflected, and the instant crime is favorable to the Defendant, on July 23, 2015, by having been sentenced to imprisonment of one year and a fine of three million won at the Ulsan District Court on July 23, 2015, and sentenced to a violation of the Fisheries Act, which became final and conclusive on November 3, 2015, and, on the other hand, in relation to the subsequent concurrent crimes under Article 37 of the Criminal Act, the principle of equity is to be considered in the case of concurrent crimes under Article 39(1) of

However, the crime of this case, using the murder, etc., which is a fishing gear prohibited by the defendant, captures the international endangered species 23 mama and minc 1 mama, and takes the 4 mama in the sea, so as not to be exposed to the control agency, the crime of this case is not good in light of the method and quantity of capture, etc., and more mincing minc is the endangered species as provided in Annex I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITS).

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