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(영문) 울산지방법원 2018.06.22 2018노413
수산자원관리법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 320 hours) on the summary of the grounds of appeal is too unfasible and unreasonable.

2. Determination mincing, mincing, as an endangered species, the international prohibition of capture, requires protection, and thus, it is necessary to strictly punish the illegal mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing a restaurant specialized in handling mincing mincing mincing mincing mincing, and processing and storing mincing mincing mincing mincing mincs

However, the crime of this case was committed under the initiative of the accomplice, the degree of the defendant's participation in the crime is relatively minor, and the defendant reflects the defendant's fault in depth while committing the crime, and there is no record of punishment other than the one-time fine, etc. In addition, comprehensively taking account of all the sentencing conditions of the defendant in the arguments of this case, including the defendant's age, sex, environment, family relationship, and circumstances after the crime, the punishment of the court below is deemed to be within the reasonable and appropriate scope, and it cannot be deemed unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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