배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (a fine of KRW 100,000,000) of the lower court is deemed to be too unfilled and unfair.
2. The instant crime committed by the Defendants was committed in the exclusive economic zone without permission by the Defendants. This is an unfavorable circumstance where the Defendants were engaged in illegal fishing in the exclusive economic zone, and there is a need to strictly punish the Defendants due to the inferior nature of the crime that is likely to mislead the fishermen of the Republic of Korea to a large number of fishermen in Korea, and the Defendants committed the instant crime as the captain of each vessel.
On the other hand, there is no record of criminal punishment in Korea, and the fact that the defendants did not physically resist during the process of breathing are favorable circumstances.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendants’ age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since each of the lower court’s punishment is too uneased and unreasonable.
3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.