The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

1. In light of the fact that the summary of the grounds for appeal is not less light of the nature of the defendant's crime and that there are many previous charges against the defendant, the punishment imposed by the court below (ten months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of probation, community service, etc.) is too unfasible and unfair.

2. An ex officio determination prosecutor filed an application for changes in indictment with respect to the facts charged as stated below, and the subject of the judgment was changed by this court's permission.

In this respect, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) and (6) of the Criminal Procedure Act without having to make a decision on the prosecutor's allegation of unfair sentencing, and it is again decided as follows.

Punishment of the crime

The Defendant, around February 201, as the captain of a powered fishing vessel D with C4.7 tons in Yong-gu, Chungcheongnam-gun, and as the captain of a powered fishing vessel D with the above D leased and operated, through the owner of the vessel that leased and operated a powered fishing vessel G with the gross tonnage of 4.84 tons in the south-gu, Nam-gu, and the captain of the above G, the captain of the above G, I, J, etc., illegally captured the female female and divide the profits therefrom.

Specifically, a defendant and a person under whose name the defendant and the person under whose name the defendant and the person under whose name the defendant illegally illegally captures the female of the fluence in the sea, and after collecting the female of the flusium kept in the sea, I shall take charge of the work of transporting them on land after collecting them. J shall take charge of the work of transporting the flusium collected at sea from I in a small port where it does not conduct the inspection of the flusence, such as the flusing port in the northwest, and H and E shall take charge of the work of transporting the flusium to the flusium, after planning such a series of large flusium capture, storage, transportation, sale, etc., and inform the above defendant of the place and time of contact with each other.