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The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for ten months.
However, for two years from the date this judgment has become final.
Reasons
1. In light of the fact that the Defendants’ nature of the grounds for appeal is not somewhat weak, and that there are many previous charges against Defendant A, the sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of probation, and one hundred and twenty hours of community service) is too unreasonable.
2. An ex officio determination prosecutor filed an application for changes in indictment with respect to the facts charged as stated below, and the subject of the judgment was changed by this court's permission.
In this respect, the judgment of the court below can no longer be maintained.
3. Accordingly, the judgment of the court below is reversed under Article 364(2) and (6) of the Criminal Procedure Act without having to make a decision on the prosecutor's allegation of unfair sentencing, and it is again decided as follows.
Punishment of the crime
Defendant
A around February 2, 2011, the captain of a powered fishing vessel D, the gross tonnage of which is 4.84 tons of the shipment of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY LAYYYYYYYYYYYYYYYYYYYYYYYYYYYYY YYYYYYYYYYYY
Specifically, H takes charge of the work of storing the sea after illegally capturing the female of large booms using the pains at sea, and Defendant A takes charge of the work of collecting the female of large booms in this sea and transporting them to the land. Defendant B takes charge of the work of transporting the booms at a port where it is small to conduct the autopsy, such as the back port, etc., in the narrow port where the booms in the north-west, and Defendant B takes charge of the work of transporting the booms after gathering the female female of large booms collected at sea from Defendant A. E and G takes charge of the work of transporting the booms to the booms.