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(영문) 울산지방법원 2013.09.06 2013노441
수산자원관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 120 hours of community service order) declared by the court below is too unhued and unreasonable.

2. The judgment of the defendant has been sentenced three times to a fine due to the same crime, and there is a need to strictly regulate the same act as the crime of this case for the protection and efficient management of fishery resources, and the mincing and mincing volume of the defendant sold by the defendant is not smaller than two times, and there is a disadvantage to the defendant. However, although the defendant is under the influence of the suspension of execution, even though there are four times the past records of the suspension of execution, it is not due to the same crime, but last eight years prior to the punishment of the same kind, and the same crime is only one time related to the past, and all other sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime do not seem to be unfair.

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

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