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(영문) 대구지방법원 2013.10.10 2013노1110
수산자원관리법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the lower court on the Defendants (three years of suspended sentence for one year of imprisonment, 160 hours of community service order, 160 hours of imprisonment for one year, 2 years of suspended sentence for eight months of suspended sentence, and 120 hours of community service order) is too unfasible and unfair.

2. In light of the fact that the act of catching, distributing, possessing, catching, etc. the female bracks of the judgment room, etc. during the period of prohibition of capture, etc., the fishery resources in the East Coast area are raised and the damage to the regional fishermen is not significant, etc., the crime of this case is not likely to be committed; the crime of this case is not committed; the number of the female brackers carried by the defendants and the large brackers captured during the period of prohibition of capture is considerably large; and Defendant A has the records of being fined for the same crime committed against the

However, in full view of the circumstances, such as the Defendants’ recognition of all of the instant crimes and the fact that the Defendants would not repeat such mistakes, the Defendants did not directly capture the female female, etc. of this case, and the entire amount of 3,039 horses, including the female female female in possession on November 14, 201, were seized and discharged on the sea, etc., and other circumstances revealed in the records and arguments, such as the Defendants’ age, character and conduct, environment, family relationship, etc., the lower court did not determine that the sentence imposed on the Defendants is unreasonable as it is excessively unreasonable.

The prosecutor's assertion is without merit.

3. In conclusion, since all appeals against the Defendants by the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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