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(영문) 대구지방법원 2018.01.12 2017노4875
수산업법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (Defendant B and C: 8 months of imprisonment, Defendant H: 6 months of imprisonment, 2 years of suspended execution, and 120 hours of community service order) is too unreasonable.

2. The judgment of the court below is acknowledged that the defendants recognized the facts charged of this case and against their mistake, the defendants seems to have not many benefits derived from the crime of this case, and the defendant H did not have the same criminal records. Meanwhile, the crime of this case is deemed to have been captured or kept internationally at an international risk of extinction, and the nature of the crime is not good in light of the method of planned organized crimes, etc., the defendants Eul and C had the records of criminal punishment more than 10 times, including three times of punishment for other crimes, and there is no special change in circumstances to change the punishment of the court below after the sentence of the court below, and there is no other reason to change the punishment of the defendants more than 10 times of punishment, including the degree and role of the defendants involved in the crime of this case, as well as the degree and role of the defendants' age, sex, character, environment, family relationship, circumstances after the crime of this case, etc., the defendants' respective punishment imposed on the defendants are too unfair. Thus, the defendants' assertion is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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