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(영문) 수원지방법원 2018.08.22 2018노264
낚시관리및육성법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant D (1) Since Defendant D (1) believed that there is no problem in the operation of the Defendant, and operated a fishing place, there is no conspiracy with A.

(2) The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

B. Defendant A’s punishment (two years of suspended sentence for four months of imprisonment, two years of suspended sentence, and surveillance of protection) is too unreasonable.

2. Determination as to Defendant D’s assertion

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, the Defendant, in the prosecutor’s investigation, opened the following circumstances: (i) the Defendant reported on January 1, 2017 that it had been open on illegal business; and (ii) again opened on January 14, 2017.

on January 5, 2017, 201, the phrase "abdomination" does not go further.

In full view of the fact that the defendant was unable to run a fishing place business because he was not registered at that time, and that he was stated to the effect that he was aware that he was unable to run a fishing place business in collusion with A (Evidence No. 32) and that the court below led to the confession of the crime of this case in the court of original instance, and that A also made a statement to the effect that he was unable to run a fishing place business in collusion with A (Evidence No. 52 page of the Evidence No. 52).

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of law by misunderstanding the facts as alleged by the defendant, and the above assertion by the defendant is without merit.

B. As to the unfair argument of sentencing, the fact that the defendant currently ceased to operate his business and has no record of being punished for the same kind of crime is favorable.

However, the defendant has a record of being punished several times due to the violation of the Food Sanitation Act, the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., and fishing management, which prescribes the registration system for fishing place business in order to create a healthy fishing culture and protect fishery resources.

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