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Defendant
All appeals filed against the Defendant A by the Prosecutor B and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (eight months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.
B. The sentence imposed by the lower court on Defendant A (ten months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unfasible and unreasonable.
2. Determination
A. As to Defendant B’s assertion of unfair sentencing, the fact that the Defendant recognized all of each of the instant crimes and divided the mistake in depth, there are family members to support, and there are no considerable profits from the instant crime.
However, the crime of this case is that capture, storage, distribution, and sale are captured and distributed at the female selbly prohibited, and the nature of the crime is very bad, and the defendant is punished for the same kind of crime.
In particular, since the size of illegal capture (as approximately KRW 240,00) in which the defendant participated is very large, it cannot be held liable for strict liability corresponding thereto.
In full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and various circumstances that are conditions for sentencing, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.
B. Although the Fishery Resources Management Act prohibits the capture, storage, distribution, and sale of female female workers in the fishery resources management Act to preserve fishery resources to determine the allegation of unfair sentencing against Defendant A by the prosecutor, the act of capturing, distributing, and selling female female women who drive only economic interests in the front of snow continues. Accordingly, the catch is rapidly decreased each year, and thus, it is necessary to strictly punish them.
However, all of the crimes of this case are recognized by the Defendant, and the mistake is deeply divided, and the Defendant seems to have an opportunity to reflect by living in custody for about six months.
The accused shall be supported.