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Defendant
All appeals filed by A, B, and C and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal (unfair sentencing)
A. Defendant A, B, and C’s sentence (Defendant A: imprisonment of three years and six months, and fine of one million won; imprisonment of two years and fine of one million won; Defendant C: imprisonment of two years and fine of one million won; imprisonment of three years and fine of seven million won and fine of three years and fine of seven years and fine of seven million won; confiscation of evidence 1, 2, and 4) is too unreasonable.
B. The court below’s sentence against the above Defendants and Defendant D (one year and six months of imprisonment, two years of suspended execution, and one million won of fine) is too uneased and unreasonable.
2. Determination:
A. We also examine the assertion of unfair sentencing by Defendant A, B, C, and the Prosecutor on the judgment of the main sentence of imprisonment and fine.
As the court below properly pointed out, the defendants conducted fishery activities without obtaining permission in the exclusive economic zone of the Republic of Korea. The recent illegal fishing by the Chinese fishing vessels has recently been caused by the serious destruction or damage of the fishery resources of the Republic of Korea and the input of a large number of human resources and equipment in the piracy to control them.
In addition, the Defendants interfered with the legitimate performance of official duties by using dangerous objects to escape without complying with the direction of the piracy, and thereby causing a threat to the piracy. One of the crimes committed by the Defendants, which resulted in a danger to life by leaving the sea on the next sea as well as causing a serious injury requiring approximately eight weeks of medical treatment. In light of the method and result of the crime, it is inevitable to punish the Defendants strictly.
In particular, Defendant A is the principal offender of the crime of injury resulting from a special obstruction of performance of official duties. Defendant B, a dangerous object, who committed a crime of obstruction of official duties, committed intimidation by sunrise, and Defendant C is the captain of F and G, and the captain of F among the above Defendants, who are in a relationship of relatives.