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 (fine 90 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 all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the following facts: (a) the Defendant led to the instant crime; (b) the Defendant has no record of being punished for the same kind of crime; (c) the type of the instant act of operation (in particular, 32 tons, 7 crew members); (d) the scale of the tonnage, etc. of the vessel; (c) the illegally captured catch (such as a new catch); (d) the balance in sentencing with other cases similar to the instant case; and (e) the motive and background of the instant crime; and (e) the circumstances before and after the instant crime

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.