The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

1. According to the final records of the judgment subject to a retrial, the following facts are recognized:

A. Defendant 3’s charge of violation of public law and violation of the Fisheries Act (hereinafter “instant charge”) as stated in the summary of the facts charged in the following 3-A, was prosecuted under the Jeonju District Court’s 68Da3026, and the above support was convicted of all the facts charged on February 15, 1969, and sentenced the Defendant to one year and one year of suspension of qualification.

B. Accordingly, the Defendant filed an appeal with the Jeonju District Court 69No. 170, and the appellate court accepted the Defendant’s unfair argument in sentencing on July 2, 1969 and reversed the judgment of the first instance, and sentenced the Defendant to 8 months of imprisonment and suspension of qualification for one year (hereinafter “the judgment subject to a retrial”).

Since the defendant did not appeal against the judgment subject to a retrial, the period of appeal was expired, the judgment subject to a retrial against the defendant became final and conclusive at that time.

(d)

After that, on October 16, 2017, the applicant for a retrial filed a petition for a new trial on the judgment subject to a new trial. On October 20, 2017, this court rendered a decision to commence a new trial on the part of the judgment subject to new trial on the grounds that there are grounds prescribed by Article 420 subparag. 7 of the Criminal Procedure Act in the judgment subject to new trial, and the said decision to commence new trial became final and conclusive at that time

2. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment and one year of suspension of qualifications), the Defendant asserts that the prosecutor is too unfasible and unfair.

3. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that G, other than the public prosecution, is the captain of H of a fishing vessel with a gross tonnage of 18 tons and a gross tonnage of 20-maths and 20-maths and registration of the 28-maths and 20-maths of the diesel engine, and I is the head of a fishing vessel, and J, K, L, Defendant, M, and N are both the crew of the fishing vessel and are the persons engaged in the fishery with a respective boarding certificate as the crew of the fishing vessel.