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(영문) 대구지방법원 2016.12.15 2016노2853
수산자원관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, where the Defendant had been subject to punishment twice for the same kind of crime as the instant crime, and the Defendant’s crime of this case violates the Fishery Resources Management Act on a regular basis, and the liability for such a crime cannot be deemed to be minor.

On the other hand, the fact that the defendant has no record of criminal punishment exceeding the fine, and that the defendant recognizes the crime of this case and reflects his mistake is favorable to the defendant.

Considering the above circumstances and other circumstances, such as the character and conduct of the defendant, the environment, the motive, means and method of the crime, and the circumstances after the crime, etc., the sentence of the court below is deemed appropriate as a punishment within the scope of its discretion.

Therefore, prosecutor's assertion is without merit.

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

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