The prosecutor's appeal is dismissed.

1. In light of the substance of the instant crime, its nature, equity with other violators who paid the security money, etc., the sentence of the lower court (hereinafter referred to as a fine of KRW 80 million) is too uneasible and 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 sentencing conditions stipulated in Article 51 of the Criminal Act, including the fact that the defendant led to the crime of this case and has no record of punishment for the same kind of crime, the failure to catch due to the failure of the two net equipment, the scale of the ship's tonnage, etc. (68 tons, five persons on board), the type of operation (a short net fishing), the balance in sentencing with other cases similar to this case, the motive and circumstance of the crime, and the circumstances before and after the crime, etc., the court below's punishment is deemed to be too uneasible, and thus, the prosecutor's above assertion

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.