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(영문) 울산지방법원 2016.03.11 2016노63
수산자원관리법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

The crime of this case is one of the international endangered species as provided in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITS) even though the Defendant knew that the Defendant had illegally captured and stored a mination, and mincing minc Does constitutes an international endangered species. The Defendant’s crime of illegal capture and custody for the purpose of sale is at the same time likely to lead to the destruction of minc Dominc Domincs by promoting illegal capture. The Fishery Resources Management Act prohibits the possession of fishery resources captured and gathered in violation of the above Act or the Fisheries Act, prohibits the possession of fishery resources captured and stored in violation of orders under the above Act or the Fisheries Act, and imposes the same punishment as the act of capturing fishery resources prohibited from the above possession and custody. Considering the legislative intent of the Fishery Resources Management Act, in light of the legislative intent of the aforementioned fishery resources management Act, a strict punishment is required, and the amount (2,048kg) and value (14,000,00 won) of the Defendant’s minc Dominc.

However, the circumstances favorable to the defendant are that the defendant fully acknowledges the crime of this case, that the defendant has no record of punishment for the same crime, and that there is no fact that the defendant has gained profits from the crime of this case.

In full view of the circumstances favorable to the above unfavorable circumstances and the Defendant’s age, sex, environment, health conditions, home environment, circumstances leading to the instant crime, and other circumstances that form the conditions for the instant sentencing as revealed in the process of trial and records, such as the circumstances leading to the instant crime, etc., the lower court’s punishment is too heavy or uneasible, and thus, the Defendant and the Prosecutor’s above assertion are without merit.

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