A. At the time of the instant case, Co-defendant A continued to embark on the instant fishing vessel by Co-Defendant B (hereinafter “instant fishing vessel”), which had been the captain of K of Chinese nationality vessel at the time of the instant case, and had not been completed the regular transfer and takeover of the instant fishing vessel, Defendant B was not a regular captain of the instant fishing vessel, and the actual operation and control point at the time of the instant fishing vessel are different from the instant facts charged. When the instant fishing vessel was under operation and control by the Korea Coast Guard (hereinafter “injury”), Defendant B was under operation of the instant fishing vessel, and the instant fishing vessel was under operation and control by the Korea Coast Guard, and thus, the instant fishing vessel’s crew could not be deemed to have passed the course of the navigation, and even if it was not at the time of its navigation, the lower court found Defendant B guilty of each of the facts charged of the instant case against Defendant B.

B. The Defendants (unfairly unfair) committed by the lower court against the Defendants each sentence (the Defendants B: imprisonment of 2 years and 6 months and fine of 40,000,000 and confiscation of 30,000 won and fine of 2 years and 30,000 won and fine of 30,000 won, Defendant F: Imprisonment of 2 years and 2 years, Defendant H’s imprisonment of 1 year and 6 months) are too unreasonable.

2. Determination:

A. In a case where two or more persons jointly process a crime regarding Defendant B’s assertion of misunderstanding of facts, the conspiracy does not require any legal punishment, but is a combination of intent to jointly process and realize a crime. Although at least two persons intend to jointly realize a crime, if the combination of intent is achieved through the mutual agreement between several persons, the conspiracy relation is established if the agreement is reached, and even those who did not directly participate in the execution is held liable as a co-principal with regard to the other co-principal’s act, and the co-principal with the result is established if they intend to jointly perform the basic act.