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(영문) 대구지방법원 2014.06.26 2014노1071
수산자원관리법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The punishment sentenced by the court below (two years of imprisonment) is too unreasonable in light of the fact that the defendant is against the gist of the grounds for appeal.

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 pursuant to Article 364(2) of the Criminal Procedure Act without a need to decide on the prosecutor's allegation of unfair sentencing, and it is again decided as follows.

Punishment of the crime

1. Around February 2012, the Defendant: (a) leased and operated a powered fishing vessel C with the gross tonnage of 4.7 tons at the 4.7 tons of loading on the sea; (b) placed D as the captain of the said C; (c) illegally captured the vessel E of the powered fishing vessel E and the gross tonnage of 4.84 tons of the shipment of the said D and Gyeong-gu, Chungcheongnam-gu, Chungcheongnam-do, the captain of the said vessel E, G, fishery product shipping agents H, etc., and divide profits therefrom; (d) illegally captured the female female at the sea and illegally captured them on the sea; and (d) collected the female female at the sea and transported them on the land after collecting the female female stored at the sea; and (e) collected the female at the port of loading and selling them in a successive order; and (e) remove the female at the port of loading and selling them at the sea, etc., and (e) remove the female at the port of loading and selling them at the sea and selling them at the port of loading.

On March 2012, the Defendant: (a) had C’s captain D embark on and depart from a port of call at the North Yong-gun's seat around the end of March, 2012; and (b) had C go back from the North Korean territory and go back after the North Korean territory.

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