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(영문) 대구지방법원 2019.10.25 2019노2805
수산자원관리법위반
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. Seized evidence 6 shall be confiscated;

Reasons

1. The summary of the grounds for appeal that the court below sentenced to the defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The judgment of this case is recognized that accomplices, including the defendant, shared their roles and captured and distributed female marbly prohibited captures for a considerable period of time. The number of female marblings captured and distributed is very large, the defendant's participation is not easy because of the role of transporting female marbling, leasing management of C, etc., and the social risk of this case is serious and the need for strict punishment is recognized.

However, it is recognized that the Defendant recognized all of the crimes in this case, partly released the females illegally captured in this case, the profits earned by the Defendant in this case appears to not exceed the accomplices, there is no criminal conviction and punishment for the same kind of crime, there is no family member to support, and there is a family member to support, and that the family members and branch members of the Defendant want to leave the front.

In addition, considering various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, etc., the sentence of the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 64 Subparag. 1 and Article 14(2) of the Fishery Resources Management Act regarding criminal facts and Article 30 of the Criminal Act (abstinence of fishing in violation of the prohibition of capture and gathering), Articles 64 Subparag. 2 and 17 of the Fishery Resources Management Act, and Article 30 of the Criminal Act.

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