The prosecutor's appeal is dismissed.

1. In light of the substance and nature of the instant crime and the equity with other violators who paid security money, etc., the sentence of the lower court (fine 80 million won) 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 the following factors: (a) the Defendant led to the instant crime; (b) the Defendant, as the captain employed by the owner of the vessel, has no record of being punished for the same kind of crime; (c) the type of the instant operational act and the tonnage, etc. of the vessel; (d) the illegally captured catch balance in sentencing with other cases similar to this case; and (e) the motive and background of the instant crime; and (e) the circumstances before and after the instant crime, the lower court’s punishment is acceptable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.