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(영문) 울산지방법원 2016.08.25 2016노922
수산자원관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The judgment that the Defendant recognized the instant crime, and that the Defendant did not have any history of punishment with regard to illegal capture and distribution, is favorable to the Defendant.

However, in light of the following circumstances: (a) the instant crime was committed by the Defendant’s circulation of the illegally captured mincing class for pecuniary gain; (b) the quality of the crime is not weak; and (c) the distribution of the minc class falling under an international decrison class is likely to encourage illegal capture of mincing class; (d) the Defendant’s quantity and amount of the minc line distributed by the Defendant; and (e) the Defendant’s age, sex, behavior, environment, family relationship, motive and circumstance of the crime; and (e) other circumstances constituting the conditions for the sentencing as shown in the trial process, such as the Defendant’s age, sex, family relationship, motive and circumstance after the crime, etc., the Defendant’s assertion is without merit.

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

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