배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
The prosecutor's appeal is dismissed.
1. In light of the substance of the instant crime, its nature, equity with other violators who paid the security money, etc., the sentence of the lower court (a fine of KRW 100,000) is too uneased and unreasonable.
2. The crime of this case is a matter of undermining the order of adequate preservation and management of Korean fishery resources by conducting fishery activities without obtaining permission in the exclusive economic zone of the Republic of Korea. Such a crime is highly likely to mislead the fishermen of the Republic of Korea, and is an act of causing huge damage to many Korean fishermen working for the same purpose in an difficult environment, and the nature of the crime is bad, and the necessity of punishment is also high.
However, in full view of the following factors: (a) the Defendants led to the instant crime; (b) there was no history of punishment for the same type of crime; (c) the tonnage, etc. of the instant vessel (D:71 tons; (d) the number of crew members; (d) the size of the instant vessel’s tonnage, etc. (e.g., the number of crew members; (e) the number of crew members; (b) the captain employed by the Defendants is not the owner of the instant vessel; (c) the catch is 20 km and 50 km; (d) the balance in sentencing with other cases similar to the instant case; (e) the motive and circumstance of the instant crime; and (e) the circumstances before and after the instant crime, etc., the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.