A. Recognizing the fact-misunderstanding and legal principles that the vessel operated by the Defendant objectively intrudes into the territorial sea of the Republic of Korea as stated in the facts charged, the Defendant was intentional for the Defendant to commit an offence against the territorial sea of the Republic of Korea in light of the following circumstances: (a) the Defendant’s operation of the Defendant’s operation area by the GPS display is an exclusive economic zone; (b) the Defendant’s first operation network point was a point outside the territorial sea; and (c) the Defendant’s first operation network point was a point outside the territorial sea; and (d) the vessel was under the influence of the tidal wave coming into the south-west, and thus, entered the territorial sea of the Republic of Korea.

shall not be deemed to exist.

B. The sentence of the lower court (a year of imprisonment, confiscation) is too unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. According to the evidence duly admitted and examined by the lower court, the following facts are recognized.

1) On January 17, 2017, the Defendant, as the captain of the instant fishing vessel, was operating the instant fishing vessel and arrived at the sea of 34°07.59 degrees north latitude and 124°505 degrees east longitude on January 17, 2017, and then was scheduled to operate the instant fishing vessel for the first time.

The point of the first terminal is 140m from the outside of the territorial sea.

2) After that, the instant fishing vessel entered the sea of approximately 34°07.16 minutes north latitude and approximately 124°50.23 minutes east longitude with the territorial sea of the Republic of Korea around 20:47 on the same day. On the same day, the instant fishing vessel engaged in fishing activities, such as catching 50 km, such as Gami, etc., until 21:24 minutes north latitude and 34°05.165 minutes east latitude and east 124°50 east longitude and 124°569 minutes east longitude and east 124.569 minutes east by sea.

3) The GPS suspender of the instant fishing vessel sets the exclusive economic zone in yellow color and sets the territorial sea of the Republic of Korea in white, and the baselines of the territorial sea indicate it in red solid lines.

4) The fishing route of the fishing vessel of this case from the first place over territorial sea to the point over which it was controlled shall be colored of the above GPS PS plle.