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(영문) 울산지방법원 2016.12.23 2016노1928
수산업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The judgment follows: (a) the defendant recognized the crime of this case; (b) the defendant voluntarily appeared at the police station, led to confession and cooperate in the investigation; (c) it is inevitable to punish the defendant in light of the circumstances favorable to the defendant; (d) it is inevitable that the crime of highly illegal capture, such as this case, might lead to the destruction of mincing and mincing species, which are globally endangered species; (e) the defendant took part in the capture again as the captain, even though he had the record of being sentenced to suspended execution due to the capture of mincing and mincing at the previous stage of this case; (e) there is no other circumstances or changes of circumstances that may be newly considered in sentencing after the decision of the court below was rendered; and (e) other various sentencing factors as shown in the trial process such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., the above argument by the defendant cannot

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

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