The sentence of sentence against the defendant shall be suspended.

2. In full view of the following factors: (a) the Defendant appears to have caused the instant crime to be destroyed or damaged by sea ginseng cultivated in the form while indicating the boundary of the permitted fishing village fraternity; (b) the Defendant appears to have committed the instant crime; (c) the Defendant recognized the instant crime and reflects it; (d) the Defendant had no record of the crime; (c) the Defendant appears to have old, health and economic conditions; and (d) the Defendant appears to be not suitable for criminal punishment for other crimes similar to the instant crime; and (e) the Defendant’s age, character and behavior, environment, motive for the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is deemed to be unfair because it is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 62 subparagraph 2 of the Act on the Management and Reclamation of Public Waters and Articles 62 and 8 (1) of the Act on the Management of Criminal Records and the elective Punishment of Public Waters, and Selection of fines

2. Penalty surcharge of 1,000,000 won to be suspended; and

3. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse.

4. Article 59 (1) of the Criminal Act on Suspension of Sentence.