The judgment of the court below is reversed.

The sentence against the accused shall be 120,000,000 won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

The sentence of the lower court (fine 200 million won, confiscation) is too 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 all the factors of sentencing stipulated in Article 51 of the Criminal Act, including the fact that the Defendant is making a confession at the latest following the instant crime, the primary offender, etc., and the size of the instant vessel (not less than 50 tons, not less than 6 persons on board) and the size of catch captured (2,400 g), balance in sentencing with other cases similar to the instant case, the motive and circumstance of the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment is deemed unfair, and thus, the Defendant’s assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) the summary of the evidence in the first instance court’s protocol of interrogation of each prosecutor’s interrogation of the defendant against the defendant is “1. The prosecutor’s interrogation of each prosecutor’s interrogation of the defendant’s interrogation of the defendant’s interrogation of the suspect’s interrogation of the suspect’s interrogation of the suspect’s interrogation of the prosecution against

Application of Statutes

1. Subparagraph 1 of Article 17 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone under the relevant Article of the Act on Criminal Facts;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.