(영문) 대구지방법원 2020.11.27 2020노3067 | 리걸엔진

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(영문) 대구지방법원 2020.11.27 2020노3067

수산자원관리법위반

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

Defendant .

Reasons

1. The summary of the grounds for appeal (unfair sentencing: Defendant A; Defendant B; Defendant B’s imprisonment with labor for not less than two years) is too unreasonable.

2. Determination of Defendant A is an unfavorable condition to the Defendants, including the fact that Defendant A had a strong record of punishment for the same kind of crime in 2010 and 2013, Defendant B had a lot of records of criminal punishment for the same kind of crime in 2001, and Defendant A committed the instant crime during the period of suspended execution for the crime of this case.

However, Defendant A’s punishment against the Defendants is too unreasonable when taking into account various sentencing conditions as shown in the records and arguments of this case, including the following: (a) the time of the crime and reflects all of the crimes; (b) the number of the females held by the Defendants is not a large number of 4,620 miles; (c) the equity of punishment in the same case; and (d) the Defendants’ social ties seems clear after the crime; and (e) the equity of punishment in the same case; and (e) the Defendants’ social ties seems clear in relation to the same case; and (e) the age, character and conduct, environment, motive for the crime; and (e) circumstances after the crime.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal for the conclusion is with merit, and the judgment below is reversed.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Article 64 subparagraph 2 of the Fishery Resources Management Act, Article 17 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. Defendant B: Article 48 (1) 1 of the Criminal Act;

참조조문

유사 판례

-대구지방법원 2019.08.30 2019노1974

-대구지방법원 영덕지원 2013.07.10 2013고단74

-대구지방법원 2014.08.27 2014고정1664

-대구지방법원 2016.11.09 2016노1808

-대구지방법원 포항지원 2014.07.10 2014고단192